CHENNAI: The Madras High Court has refused to interfere with a Family Court order denying custody of two minor children to their mother, observing that the children's overall welfare is the paramount consideration in custody cases.

The bench of Justices, PT Asha and N Mala, observed that welfare must be understood in its widest sense, including moral and religious welfare along with physical well-being.

It noted that the Guardian and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956, regard the welfare of a minor as the paramount factor for courts to consider.

The court was hearing an appeal filed by the mother against the Family Court’s order rejecting her plea seeking custody of her two minor children.

The mother claimed that she had taken care of her husband and children but was sent out of the matrimonial home following a misunderstanding, while the children continued to remain with the father.

The father, however, alleged that the mother had illicit relationships and had no regard for the children.

He claimed that her WhatsApp chats showed that she had sent nude and semi-nude photos to other men and made late-night video calls, and argued that she was unfit to be given custody of the children.

He, however, said that she was free to meet the children at a common place.

After hearing the petition, the court found merit in the father’s argument and took note of the pendrive and cellphone produced by him before the Family Court, which contained nude and semi-nude photos of the mother.

It also noted that the mother had admitted in her evidence that she had conversations with several men.

“All these allegations point to a person with low moral fibre, whose company would be detrimental to the welfare and well-being of the two minor children who are at an impressionable age,” the court observed.

Therefore, it held that the Family Court had rightly rejected her custody plea after considering the overall well-being of the children. Finding no reason to interfere with the order, the High Court dismissed the appeal.