Child’s preference for parent not enough to determine custody dispute: Madhya Pradesh High Court

A 12-year-old boy's desire to remain with his mother did not automatically determine custody in a recent case heard by the Madhya Pradesh High Court. The court emphasized that a child's preference alone cannot decide custody disputes. Instead, the court considered factors such as the child's best interests, the importance of the mother's care and guidance, and the child's emotional, mental, and physical development.

The mother argued that a 12-year-old child is not competent to independently decide what is good or bad for him, while the father claimed that visitation rights were repeatedly violated. The court noted the father's subsequent marriage and applied the same reasoning as in a previous case where custody was given to the mother due to the father's second marriage.

Despite the mother's preference, the court acknowledged the father's right to meet the child, and arranged for visitation on every working Saturday and weekly video calls on Sundays.