Jharkhand High Court Awards Child Custody to Mother, Citing Importance of ‘Mamta’

Jharkhand High Court has granted the custody of a minor child to the mother, observing that a mother’s care — expressed deeply in the Hindi word ‘mamta’ — is naturally best suited for an infant. The Court referred to psychological studies showing that the mother-child bond begins from birth and plays a crucial role in a child’s early development.

A Division Bench of Justices Sujit Narayan Prasad and Arun Kumar Rai was hearing an appeal filed by the child’s father, who challenged a trial court order that had already granted custody to the mother. While upholding the earlier order, the High Court said child custody cases cannot be viewed only through a strict legal lens; the “human angle” must also be considered.

The Bench observed that psychological theories describe the mother as the child’s first emotional home, making her presence essential in the early years. Courts, while exercising their parens patriae jurisdiction, must focus solely on the welfare of the child, even if it means overriding parental wishes. The Court also reiterated that strict rules of procedure or evidence do not bind custody matters.

Background of the Case

In 2023, the mother approached the trial court under Section 25 of the Guardians and Wards Act, 1890, seeking custody of her minor children. She stated that the children were separated from her after she was allegedly abducted. The father, however, alleged that she had willingly left with another man and abandoned the children.

Arguments Before the Court

For the father, advocate Ashim Kumar Sahani argued that the mother had deserted the children and her conduct showed a lack of affection. He said the trial court failed to give due weight to this fact.

For the mother, advocate Amritanshu Singh submitted that she had met with an accident while responding to an emergency and had temporarily left the children with neighbours. She was later kidnapped, following which an FIR was filed and she was recovered by the police. He added that her husband and in-laws refused to take her back when she was produced before the magistrate.

He maintained that the children, being infants, require maternal care and that she is capable—both emotionally and financially—of raising them with support from her parents.

Key Observations by the Court

• In child custody matters, courts exercise parens patriae powers to prioritise the child’s welfare above everything else.
• Courts are not strictly bound by statutes, evidence rules, or precedents in such matters.
• If the child is old enough, their preference should be considered, though the final decision rests with the court.
• Empirical research shows that infants form strong emotional bonds with their mothers early on and often show distress when separated.
• Psychologists believe that this early attachment significantly shapes the child’s emotional, social, and personal development.

The Court emphasised that custody decisions involve human sensitivities that require a compassionate approach, not just legal reasoning. With this view, the Bench upheld the trial court’s decision and confirmed custody to the mother.