“WOMAN’S CHARACTER CAN’T BE FRAMED ON OTHERS OSTRICH OPINION”:CHATTISGARH HIGH COURT

(The Quiver) : On Tuesday, the Chhattisgarh High Court has passed the verdict ,”Woman’s Character Can’t Be Decided By Certificate”. 

The Bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal further remarked that the character certificate given by a few community people, who might have an ostrich mindset, can’t be the basis to decide the character of a woman.

In a significant observation, the Chhattisgarh High Court has ruled that if a wife doesn’t squeeze into the mold as per the desire of husband, it would not be a decisive factor to lose the custody of the child her.

A case was filed for the custody of the child by his father after the couple’s separation  .This case was brought to the High court, an application under Section 25 of the Guardians and Wards Act, 1890 seeking custody of the child namely Dheeraj Kumar, who was then in the custody of his mother, the divorced wife of the respondent.

In the application , the father had asked for the custody of his child , on the ground of ill character of his mother. The reasons given by the father seeking for his child custody were his wife was in company of some other male , she used to travel along with other male member and the attire of the his wife was not appropriate , reflecting she has lost her chastity. But he didn’t have any recorded prove to support his allegations. The allegations were merely made on others opinions.

It was further contended by him that if the child is kept in her custody, there would be an ill effect to the mind of child as such the child be given in custody of father. It was also alleged that she was in an illicit relation, used to consume liquor, Gutkha and used to smoke cigarette.

The court after observing the case in minute details , on finding the evidence led by the witnesses on behalf of father was based on their own opinions and thoughts given the judgment on behalf of the mother concluding that if the child is kept in the custody of the mother, the welfare of the child would be ensured. Accordingly, the direction of the Court below to handover the custody of the child to the father was set aside. However, the father was granted the visitation rights.