In a significant ruling that underscores the primacy of maternal care in a child's early years, the Jharkhand High Court has granted custody of a minor child to the mother. The court powerfully articulated that a mother "is best suited to care for her offspring," a concept it said is comprehensively conveyed by the Hindi word 'mamta'.
The Case and Conflicting Narratives
The bench of Justices Sujit Narayan Prasad and Arun Kumar Rai delivered this verdict while dismissing an appeal filed by the father. The man had challenged a family court's earlier order that granted custody to the mother. The legal battle began in 2023 when the mother filed a petition under Section 25 of the Guardian and Wards Act, 1890, seeking custody of her minor children.
The circumstances leading to the separation were bitterly contested. The father's advocate, Ashim Kumar Sahani, argued that the mother had abandoned the children and left with another person, showing a lack of love and affection. Conversely, the mother's counsel, Amritanshu Singh, presented a starkly different account. He stated that the mother, while rushing during an emergency, met with an accident and left the children with neighbours. She was then allegedly kidnapped, leading to an FIR. After her recovery by police, her husband and in-laws refused to take her back from the court.
Court's Human-Centric Approach and Key Observations
The High Court made it clear that such matters transcend legal technicalities. "It is a human problem and requires a human touch," the bench observed. It emphasized that in child custody cases, the court exercises its 'parens patriae' jurisdiction—acting as the ultimate guardian of the child with the "best interests of the child" as the paramount consideration.
The judgment delved deep into developmental psychology to support its conclusion. The court referred to empirical studies indicating that mother-infant "bonding" begins at birth. It noted that infants as young as two months old frequently show distress when the mother is replaced by another caregiver.
The Psychological Foundation of the Ruling
The bench elaborated on the science behind the bond, stating, "Psychological theory hypothesises that the mother is the centre of an infant’s small world, his psychological homebase." It detailed developmental milestones: an infant responds to its mother's voice by four weeks, demands her presence by eight months, and forms a profound attachment within the first year.
The court concluded that the quality of this initial bond is crucial for the child's future capacity to form relationships and realize individual potential. While acknowledging that a minor's intelligent preference must be considered if they are old enough, the court asserted that the final decision must always align with the child's welfare.
Ultimately, factoring in the mother's claim of being financially stable with her parents' support and the children's infant status, the High Court found no reason to overturn the family court's order. The appeal was dismissed, affirming the custody granted to the mother.
