Child Custody Orders Not Rigid And Final, Capable Of Being Altered Keeping In Mind Needs Of Child: Patna High Court

The Patna High Court has said that the orders passed in cases of child custody cannot be made rigid and final and are capable of being altered, keeping in mind the needs of the child. The court said custody orders are always considered interlocutory orders.

“Under Section 26 of the Hindu Marriage Act, 1956, the Court has been empowered to pass any order or make any arrangement in respect of custody, maintenance and education of children during the pendency of the proceedings or after any decree is passed under the Act. The orders made under this section can be varied, suspended or revoked from time to time. The object of this section is to make just and proper provision for the welfare of minor child,” it said.

The ruling came on a plea seeking setting aside of an order issued by the Principal Judge of the Family Court in Patna in a matrimonial case. The court had directed the petitioner-husband to hand over custody of their minor child to the respondent-wife.

The husband and wife, who had been married since 2010, sought a divorce by mutual consent in 2015. It was agreed that the husband would pay Rs. 5 lakhs to his wife as a settlement amount, and custody of their daughter would be granted to him. The husband made the payment in 2016, and the minor child was handed over to his custody.

However, the wife later filed a petition, after the divorce, requesting the court to grant her custody of their daughter. The husband opposed this request and also sought a refund of the money paid, citing alleged harassment by the wife and her family members. In response, the wife expressed her desire to reconcile with her husband but insisted on being granted custody of their daughter.

The Principal Judge of the Family Court, in the impugned order, directed the wife to refund the money to the husband and ordered him to hand over custody of the child to the mother.