Girl child aged 15-20 years undergoes biological changes and her custody cannot be granted to father.

Girl child aged 15-20 years undergoes biological changes and her custody cannot be granted to father.

The husband and the wife got married and a girl child was born from the wedlock after a year. Since the birth of the child, the couple aced some issues in the marriage, which eventually led to them living apart. After the wife filed a petition for maintenance, the husband moved the Family Court seeking the daughter's custody. In determining the question as to who should be given custody of a minor child, the paramount consideration is the "welfare of the child" and not rights of the parents under a statute for the time being in force. The moral and ethical welfare of the child must also weigh with the Court as well as its physical well-being. Merely because the husband is a natural guardian if the girl child he cannot be given preference for grant of custody of minor girl child. The Chhattisgarh High Court refused to grant custody of a minor girl to her father, observing that a girl child aged between 10 to 15 years undergoes biological changes which cannot be taken care of by the father.