Prayagraj. The Allahabad High Court gave an important decision in the matter of husband-wife quarrel and then the custody of the child. The court said that an out-of-court settlement between husband and wife does not nullify the order of the court, unless the court’s approval is obtained. The High Court had handed over the custody of the child to the mother till the age of 10 years. In the meantime, there was an agreement between the husband and wife to live together. But this did not last long and then a quarrel started between the two. After which the wife left the house. But the husband forcibly kept the child with him. After which wife Shweta Gupta has filed a case of contempt of court order against husband doctor Abhijeet Kumar and others for not handing over custody of the child.
The child will remain with the mother for 10 years
On which Justice Rohit Ranjan Agarwal, who was hearing the petition, said that the right of custody of the child has been handed over to the mother till the age of 10 years by the court itself. An out-of-court settlement will not nullify the order. The court also asked the child’s wish that with whom he would like to live, so he expressed his desire to go with the mother. On this, the court directed the opposition husband to hand over the custody of the child to the mother and said that the child would remain in the custody of the mother till the age of 10 years. The court has sought a reply from the husband on the petition in a month. The next hearing will be held in July.
can meet once a week
Significantly, due to a dispute between husband and wife, both started living separately. The father filed a habeas corpus seeking release from the illegal detention of the minor child Aarav. The court said that Aarav will stay with the mother till the age of 10 years. Father and grandfather will be able to meet once a week in the afternoon for three hours. The court has ordered to give 15 thousand rupees deposited by the husband to the mother.
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FIRST PUBLISHED : May 13, 2022, 21:29 IST