A Petitioner denied custody of minor child on the ground of remarriage in a custody battle between two muslim spouses.The High Court denied interim custody to father of the said child on the ground of his remarriage as the court was convinced that a stepmother would not provide same care and affection as own mother.This was observed by the Karnataka High Court consisting of Justice Krishna S. Dixit in the matter of Mohammed Mushtaq GK v. Ayesha Banu (WP No. 16885 of 2021).
The facts of this case are that the Petitioner father filed a writ under article 226 and 227 of the Constitution of India for refusal of interim custody of his minor child to him.Both the spouses are educated sunni muslim and also resided in US after marriage for some while.The Respondent wife has alleged dowry harassment, physical assault and mental cruelty.
The counsel on behalf of the Petitioner filed for exclusive custody of the child since he believes he can provide best education and complete family environment to the child for his upbringing as he is financially well off. The father has a second wife who would help him take good care of this child.The mother has denied her duties towards her minor child and Petitioner.
The counsel on behalf of the Respondent denied that she ever neglected her duties towards either child or her husband previously.She also brought about counter allegations that the Petitioner remarried during subsistence of her marriage which is unwarranted.Mohammed_Mushtaq_G_K_v__Ayesha_Banu KHC
The High Court of Karnataka held that it is ordinarily unacceptable that a stepmother would take as good care of a child as own biological mother.When it comes to welfare of a child, the court denied to make an error considering the possible risk of step motherly treatment to a tender child. The mother being permitted to stay away from matrimonial home may recover sustenance for the child and the visitation rights of the father was also diminished to a great extent subject to exceptions.The court found this writ petition devoid of merits and dismissed with costs. The Petitioner must pay costs of rupees fifty thousand within one month,failing which his visitation rights shall be suspended.