J U D G M E N T

A.Muhamed Mustaque, J.

A Mother of two children are before us. The eldest child namely, Gouri Nandan now attained majority. The younger child namely, Meera Nandan is still a minor. The court, noting the fact that the mother has eloped with one Sri.Najeem, declined custody to the mother. However, the mother was granted custody from 10 a.m on every Second Saturday till 4 p.m on the following Sunday on condition that she shall not take the child anywhere.

2. Care and love have to be a factor while bestowing the focus of an enquiry qua the welfare of the child. Mother's relationship with another person and consequent eloping will not stand in the way of the mother offering her love and care to the child. Moral judgment of a person on the character not necessarily reflect on that person to take care of her own child. Social ethos, cultural factors etc. are created by men to govern themselves. How far these factors would have an impact to take care of the child is a question to be considered by the Family Court while conducting an enquiry as to the welfare of the child. A spouse who might have eloped with another may be in a better position to take care of the child than th