After poor grades, 11-year-old daughter's custody given to father

Observing that poor grades of a 11-year-old girl in school showed that her mother was not taking proper care of her education, a Delhi court has granted her custody to her father. Guardian Judge Rakesh Kumar also observed that the mother of the child did not have sufficient space to provide her privacy in her growing years.

"The child's report card reflects certain disturbing facts. (It) reveals that the child scored only 47.67 per cent with C2 grade. It also reveals she was not regular in school and was absent for 32 days in the first semester.

"In these circumstances, it is proved that the respondent (mother) is not taking care for giving education to the child," the court said, and told the mother to hand over the girl's custody to her father.

The father had contended that the estranged wife, who has kept the girl with herself since birth, was not taking proper care of her. He added that neither the wife nor her family were educated or could provide a good atmosphere for the girl's growth.

Considering the issue of accommodation, the court said: "The mother is living with her parents in a three-bedroom flat with seven other members. The child is in her growing age. The mother's parents do not have sufficient space to provide privacy to a growing child."

It further took into consideration that the paternal grandfather of the child was a retired assistant commissioner of income tax and getting reasonable pension while the paternal aunt was a physiotherapist.

The mother's family, on the other hand, was engaged in handicrafts business and were not present at the house during the day to give company to the child.

The court said: "The child is reaching the age of puberty and she needs proper guidance and support at this time. The applicant's (father) sister and mother who are both educated ladies can help the child."

However, the court granted visitation rights to the mother. The child's father had approached the court seeking custody of his daughter who had been living with his estranged wife. The man told the court that their marriage was solemnised in May 2001.

When his wife conceived the child, she became aggressive and deserted him in February 2002. She did not even care to inform him about the birth of their daughter in June 2002 and refused to join him despite his best efforts, he claimed. The woman denied the allegations and said she was forced to leave her matrimonial house due to ill-treatment.