SHIMLA- In a significant ruling regarding the custody of minor children, the High Court of Himachal Pradesh has declared that the mother is the natural guardian after the father.
The decision came from Justice Vivek Singh Thakur, who passed the order in response to a petition filed against a previous order by the Sub-Divisional Magistrate of Nalagarh.
The case revolves around Priti Devi, who was married to Amar Singh from the village of Bahlam in Tehsil Ramshehar, District Solan. Due to ongoing conflicts between the couple and other family members, Priti Devi and Amar Singh had been living separately in Nalagarh with their two minor sons.
Tragically, on July 17, 2022, Amar Singh took his own life and was declared dead at the Nalagarh Hospital, where his wife had taken him with the help of local police.
Following this, Darshan Singh, the father of the deceased Amar Singh, filed an FIR against Priti Devi, alleging that she subjected his son to cruelty, leading him to commit suicide. Consequently, on July 18, 2022, Priti Devi was arrested and later released on bail on July 27, 2022. During this period, the children stayed with their grandparents.
After being released on bail, Priti Devi filed an application in the court of the Sub-Divisional Magistrate in Nalagarh, seeking custody of her children. The SDM, in an order dated November 23, 2022, directed the grandparents to hand over the custody of the minor children to their mother, Priti Devi.
Challenging the SDM's order, the grandparents approached the High Court. Their counsel argued that Priti Devi had a strained relationship with her husband and allegedly abetted his suicide, raising concerns about the safety of the children in her care.
They further claimed that Priti Devi lacked the means to provide for and raise the children, whereas the grandfather, an ex-serviceman with ample landed property, could better meet their needs. They contended that it would be in the best interest of the children to remain with their grandparents.
In response, the counsel for Priti Devi argued that if she had been involved in her husband's suicide, she would not have informed the police or taken him to the hospital with their assistance.
After hearing arguments from both sides and examining the case records, the Court observed that the allegation of Priti Devi abetting her husband's suicide had yet to be proven.
Additionally, she had not been declared incompetent or disqualified from having custody of her minor children.
Therefore, following the father's death, the mother became the next person in line for guardianship and custody.
However, the Court clarified that the mother's right to custody was not absolute and would be subject to the welfare of the children. In the event that she is found unfit or disqualified to retain custody or ensure the children's well-being through appropriate proceedings, her right to custody would be revoked.
During the proceedings, the Court noted that the record and file of the magistrate's court had not been maintained properly.
There was no separate order sheet indicating the dates and details of each order issued by the magistrate. The records had been managed inadequately. The Court expressed its disapproval of such practices and urged improvement in record-keeping and management of judicial proceedings.
Consequently, the Court directed the Chief Secretary to the Government of Himachal Pradesh to personally address the matter and ensure the proper maintenance of judicial records by the officers responsible for conducting judicial proceedings. The Chief Secretary was also instructed to take necessary steps, including training of officers and officials dealing with judicial work and files in the Himachal Pradesh State Judicial Academy, if deemed necessary.
