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Granting the custody of children to their mother, the Allahabad High Court recently observed that "we cannot underestimate the value of the home and the power of a mother's love."

The observation was made in a habeas corpus plea moved by one Seema Sharma seeking the custody of her two kids who were in the company of their grandmother. The bench of Justice Rahul Chaturvedi observed, 

"Children are not play things of their parents. Their welfare is of paramount importance and they will be well protected when the mother is with them. A child should never feel as if they need to earn a mother's love. This will leave a void in their heart all of their life. A mother's love must be given unconditionally to establish trust and a firm foundation of emotional intimacy in a child's life. If love is withheld, a child will look for it in a million other ways. Sometimes they will search throughout their lifetime, unless they come to some sort of peace with their past. The emotional foundation we give our children at home is foundational to their life."

Seema Sharma got married to one Kapil Sharma in March 2016, and the couple was blessed with two kids, a daughter and a son who are currently five and two and a half years old respectively.

Thereafter, the husband committed suicide in November 2020, and in this regard, an F.I.R. was registered against Seema Sharma, and 5 others. The investigation is still going on and no charge sheet has been submitted so far.

As a result of the situation, Seema Sharma started living with her sister independently, whereas, her kids remained in the company of their grandmother. Against this backdrop, Sharma moved the High Court seeking custody of both the kids.

In view of Section 6(a) of the Hindu Minority and Guardianship Act, 1956, Court noted that this particular provision preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person, whilst the child is less than five years old.

Court observed that the section carves out the exception of interim custody, in distinction of guardianship, and then specifies that custody should be given to the mother so long as the child is below five years of age.

Therefore, noting that both the children are minors who require and deserve unqualified love, affection and protection of their mother i.e. their natural guardian, Court granted the custody of both the children to Seema Sharma.

Case Title: Km. Sanaya Sharma (Minor) And Another v. State Of U.P. And 4 Others