Custody orders not rigid, can be altered: Bombay HC

Custody orders cannot be made rigid and are capable of being altered keeping in mind the needs and welfare of the child at various stages of life the Bombay High Court said directing the family court to hear afresh an application filed by a man seeking to be appointed as legal guardian of his minor son after his former wife remarriedA single bench of Justice Neela Gokhale in the order of May 4 noted that matters of custody of children are sensitive issues that require an appreciation and consideration of the nature of care and affection a child needs in the growing stages of lifeThe order was passed in a petition filed by the 40yearold man challenging an order passed by the family court rejecting his application filed under the Hindu Marriage Act seeking modification of an earlier order granting joint custody of the minor boy to both parentsAccording to the man in the consent terms filed in the divorce proceedings in 2017 he and his former wife had agreed that if either of them remarried then the other would get full custody of the childAlso Read Eight decades on Bombay HC directs Maha govt to hand over two south Mumbai flats to 93yearold ownerThe Family Court had rejected the mans application on the grounds that he ought to have filed the same under the provisions of the Guardians and Wards Act and not the Hindu Marriage ActThe man in his plea said he was only seeking modification of the consent terms filed in the divorce proceedingsThe high court set aside the family court order and directed it to hear afresh the mans application seeking modification of the consent terms pertaining to the custody of the minor childJustice Gokhale in the order noted that the family courts view was far too hyper technicalHC said while the family court was correct in holding that the father ought to have filed a petition under the Guardians and Wards Act to seek his appointment as legal guardian of the child but an application under the Hindu Marriage Act filed by the father seeking modification of the earlier order was also perfectly tenableMatters of custody of children are sensitive issues requiring an appreciation and consideration to the nature of care and affection that a child requires in the growing stages of his or her life HC saidIt added that this is why custody orders are always considered as interlocutory orders and cannot be made rigid and finalThey are capable of being altered and moulded keeping in mind the needs of the child at various stages of life including the circumstances of the parents in so far relating to the welfare of the child the court said in its orderThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever