'Cannot be planted somewhere else': Calcutta High Court backs fisher-seller father in custody row

The Calcutta High Court has ruled that an eight-year-old boy who has been living with his father for the past five years cannot "planted somewhere else" even if the father's educational qualification is less than the mother's.

The mother, who recently secured custody from a trial court, holds a master’s degree in music, runs a music school, and is also a private tutor. The father, a matriculate who earns his livelihood selling fish.

The boy had told the trial court judge that he wanted to stay with both parents.


While hearing the father’s appeal, a division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya observed on Tuesday that all is still not lost and there is ample scope for the parties reconciling their matrimonial disputes, as well as a chance of the parties staying together as a couple by shedding their personal differences, which will be of utmost benefit to the child in the final count.

Although the trial court had noted that the father earned more than the mother, it had granted custody to the mother primarily on the ground that she was more educated and that the child’s upbringing would be affected if he were to be deprived of his mother's love.

Acting on an appeal by the father against the trial court order, the division bench observed that the finding of the trial judge is that any detachment of the minor from his mother may cause a scratch in the mind of the minor. That scratch was caused five years ago; from age three to eight, he has been residing with his father. He has been living with his father for five years; now they cannot pick him up and plant him somewhere else.

The high court also criticised the trial court’s reasoning, stating that it appeared to be influenced more by personal inclinations and views than the facts of the case.

The division bench pointed out that there was no evidence to show that the child’s education had suffered while in his father’s care. On the contrary, it was recorded that he was being supported academically by his aunt and two private tutors.

The court referred the couple to mediation under the supervision of the Calcutta High Court’s mediation committee and asked that a psychologist be involved in the process.

The mother has been granted visitation rights

With inputs from TOI