Custody Of Minor Cannot Be Denied To Mother Because She Did Not Have Daughter’s Company

The Allahabad High Court emphasized that a mother cannot be denied custody of her minor child merely because she lacked her company during the separation period. 

Proceedings under Section 13 of the Hindu Marriage Act, 1955 were instituted by the appellant-husband which is still pending. 

The court dismissed a father's appeal challenging an ex-parte order under Sections 7 and 12 of the Guardians and Wards Act, 1890, granting custody of a 4-year-old daughter to her mother.

A Division Bench clarified that the welfare of the child remains paramount. Observing that the mother, a graduate with no adverse allegations, upheld the Family Court’s decision while ensuring visitation rights for both parents.