the Supreme Court of India has held that a divorced mother can be granted custody of her minor child even if she remarries
In a landmark judgment for women and children's rights, the Supreme Court of India has ruled that a divorced woman is entitled to custody of her children even if she remarries, notwithstanding the fact that the father is the natural guardian under Hindu law.
The court ruled that the welfare of minor children was of paramount importance and that the child's wishes should be taken into consideration when deciding custody
, a two-judge Supreme Court bench of Justices A R Lakshmanan and Altamas Kabir reversed a Kerala High Court verdict and restored the order of the family court, which had allowed the mother custody of her child.
The Supreme Court said: "The remarriage of the mother cannot be taken as a ground for not granting custody of the child to the mother. The paramount consideration should be given to the welfare of the child. It also has to be seen whether in view of his other commitments, the father is in a position to give personal attention to the child's overall development."
"The father ought to be the guardian of the person and property of the minor under ordinary circumstances. The fact that the mother has married again after divorce is no ground for depriving her the parental right of custody. In cases like the present one, the mother may have shortcomings but that does not imply that she is not deserving of the solace and custody of her child... if the court forms the impression that the mother is a normal and independent young woman and shows no indication of imbalance of mind in her, then in the end the custody of the minor child should not be refused to her or else we would be really assenting to the proposition that a second marriage, involving a mother per se, will operate adversely to a claim of a mother for the custody of her minor child."