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

In a custody dispute involving a 12-year-old boy, the Madhya Pradesh High Court ruled that a child's preference to remain with a parent cannot be the sole determinant of the decision. The court emphasized the importance of the mother's care and guidance during this crucial time in the child's life. Acknowledging the child's significant role in development, the bench stated that factors such as a stable home environment, education, emotional support, and the child's maturity must be considered.

The court drew from a previous Supreme Court ruling, noting the importance of a mother's love, care, and company in a child's growth. The father had argued that the child was old enough to decide on his own well-being and alleged repeated violations of his visitation rights. However, the mother contended that the child was not capable of making such decisions independently and that the father's second marriage was a relevant factor.

The High Court observed that the father's second marriage was significant in determining the child's genuine willingness to take on the responsibilities of parenting. Despite the father's right to meet the child, the court maintained that continuing custody with the mother would provide the child with greater stability and emotional support.

The court granted the father visitation rights, including weekly meetings on Saturdays and regular video calls on Sundays, ensuring the child's welfare and the father's continued relationship with the child.