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Karnataka High Court grants custody of minor son to father; says mother neglecting child, giving more importance to illicit relationship

Further, the Court noted that the wife had been behaving in a rude manner even during the family counselling sessions ordered by the family court. She also did not obey the orders of both the family court and also the High Court to grant access to her in-laws to the child .  

In its 82-page order, the bench also emphasized on the need for the courts to ensure welfare of the child in such custody battles. It said courts must appreciate the conduct, behaviour and character of the respective parties, keeping in mind as to who would be the better suitable person when it comes to taking care of the welfare of the child. 

“The Court is not only required to consider the bonding and comfort of the child, but also the environment in which it is presently growing keeping in mind about the welfare and future growth of child. In addition to financial security, it must also consider if the parent would be available for the child when it is in need of their love and affection and under whose care and protection the child would have a better future,” the bench observed. 

Source: Barandbench

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