Man or woman may be bad for each other in a relationship but may be good parents for a child.

Even if competing parents make extreme claims, the court must consider the minor child’s best interests, not the legal rights of the parents, the court said. The Punjab and Haryana High Court recently held that a man and a woman can be bad parents in a relationship, but that does not necessarily mean they will be bad parents to their children. Justice Archana Puri ruled that the welfare of the minor child, not the legal rights of the parents, is paramount in custody cases.

“A man or a woman can be a bad person to someone in a situational relationship, but that doesn’t necessarily mean that person is a bad person to the child. A mother or father is a social A parent may be morally bad in some sense, but that parent may be good for the child. So-called morality is formed by society based on its own spirit and norms, and it does not necessarily mean that parents and children should not be reflected in a situational relationship,” the order states.

The court was hearing a father’s case challenging a court order denying him and his parents temporary custody of their minor daughter. The plaintiff’s father married the defendant’s mother in 2008 and their child was born in 2012. After a marital quarrel arose between the two, the two separated, and the child was left in the care of his mother. The father applied for custody of his minor daughter under Article 25 of the Guardianship Act. In deciding the application for temporary custody, the court concluded that there was no reason to transfer custody of the minor daughter to her father. However, the plaintiff’s father was granted visitation rights.

Before the High Court, the parties alleged bad behaviour on the part of the other.

After hearing the contentions, the Court observed that the matter is to be decided not on the consideration of the legal rights of the parties but on the criterion of what would be in the best interests of the child.

“When a couple is at odds and wants to separate, they may use extreme accusations against each other to make the other party feel unfit to have custody of the child. Unless and until there is evidence of bad behavior on the part of the parents that renders them unworthy of claiming custody of the child in question, the matter may be decided solely on the basis of questions such as And so it should be.” “If so, what happens to the welfare of the children involved?” “The court acknowledged that.”

Given that the child is now between 10 and 11 years old, the court acknowledged that the mother could be a best friend, guide, and mentor to her growing daughter. It has also been noted that at this stage, the child is more dependent on the help of the mother than the father.

The court ordered that the child be placed in the custody of the mother, while increasing the number of days the father could see the child from once a month to twice a month.

“During the course of such meetings, the parties are expected and desired to increase their mutual cooperation and create a comfortable atmosphere in which the child can have healthy interactions with the complainant,” the court said. clarified.