Allahabad HC denies child's custody to woman accused of killing husband

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Allahabad, Mar 1 (PTI) A woman accused of killing her husband was denied custody of their minor daughter by the Allahabad High Court.

Justice J J Munir dismissed the habeas corpus writ petition filed by the woman seeking the child's custody.

In the judgment delivered on February 26, Justice Munir observed that if the woman is acquitted in the murder case by the concerned court, she would have the right to move court for her daughter's custody, which would then be decided in accordance with law.

The petitioner, a resident of Mumbai, alleged that on May 11, 2018, her husband came to his native place in Jhansi while she stayed back. Two days later, she received a call from Kamal Kushwaha, her husband's maternal uncle, informing her that some unknown person had killed her husband.

However, when she reached Jhansi with her daughter, she was falsely implicated in the case and was arrested while her daughter was taken away by Kushwaha. Since then the child is in his custody, claimed the woman.

While deciding the petition, the court considered whether in the interest of the child, the woman can be denied custody only on the possibility that she might be involved in the murder of her husband.

After hearing rival submissions, Justice Munir observed, 'This court assumes that the possibility of conviction may be remote or not so remote, but the possibility is there. The existence of this possibility and the adverse impact of the event, if it were to come to pass, would far outweigh the transitory benefit the minor would derive from her mother's care and company.' 'This facet of the matter apart, the possibility that the woman might truly be a conspirator in her husband's murder, predicates a personality which would not be beneficial for the minor in grooming her about moral values -- a very important aspect of a child's welfare,' the court observed. PTI COR RAJ RHL