Rishi Agarwal Vs Dipika Agarwal Nee Khaitan (Calcutta High Court)
Whether father can always claim to be natural guardian notwithstanding the welfare of the minor child?
The Single Bench of the Calcutta High Court addressed a significant matrimonial dispute in this case, where both the father and mother sought custody of their minor daughter. The father asserted his right as the natural guardian, arguing that the mother, being a working woman, left their daughter with maids during the day. The court examined the relevant laws on guardianship, emphasizing that the primary consideration is the welfare of the minor child.
Legal Framework on Guardianship
The court reiterated that the law of guardianship is grounded in the welfare of the minor. Guardians can be classified into three categories: natural guardians, guardians appointed by the court, and testamentary guardians. The father’s claim to be the natural guardian must align with the welfare of the minor, as guardianship is an obligation rather than an indefeasible right under the law.
Constitutional and Judicial Precedents
Articles 39(e) and (f) of the Constitution of India highlight the State’s responsibility to ensure that children are protected from exploitation and abandonment. The constitution makers prioritized safeguarding the interests and welfare of children.
