Jammu and Kashmir HC : Mother Cannot be Denied Child Custody Merely Because She is Not as Wealthy as Father

The High Court of Jammu and Kashmir and Ladakh has observed that the better financial condition of the father cannot be a ground to deem the mother unfit for the custody of the child. 

It was further noted that the financial condition does not outweigh other factors such as emotional value and continuity of care for the children. It also expanded the meaning of the term 'welfare' to include not only physical but also moral welfare of the minor.

Many other Courts in India have noted the indispensable role of a mother in the life of a child, unless the conduct of the mother is proved to directly harm the child.