Apex court says maternal love is must for a child

Gives custody to mother despite girl telling court she wants to live with her father

The Supreme Court on Friday united an eight-year old girl with her mother after over six years, saying that it was not possible for the child to comprehend the comfort of maternal love while staying with the father.

The girl was separated from her mother when she was only 21 months old, after her parents separated due to matrimonial discord. The father got custody of the infant.

Long battle for custody

The mother, a school teacher who was allegedly forced to leave her matrimonial home, contested the custody of her child before a family court, which dismissed her plea.

She then challenged the order in the High Court, which gave the child’s custody to her and gave the father visitation rights. The father, an army officer, then challenged the High Court order in the Supreme Court.

During the proceedings, the girl told the Supreme Court and the counsellor appointed by it that she wanted to live with her father and did not wish to change her existing environment.

Her father also contended that the girl was comfortable living with him and he has been taking care of her since the mother left.‘Cannot comprehend’

However, a Bench of Justices J. Chelameshwar and A. K. Sikri observed that “a child, who has not seen, experienced or lived in the comfort of the company of the mother is, naturally, not in a position to comprehend that the grass on the other side may turn out to be greener”.