The Allahabad High Court has granted a woman custody of her one-year-old child, rejecting the husband’s claim that she is an alcoholic and unfit to care for the child. The couple live separately.A single bench of Justice Sandeep Jain, in its April 30 order, observed that nutritional, emotional, and developmental needs of a child, in the formative years, can best be met by the mother. “… While the father plays an essential role in the child’s upbringing, it is the mother who, by reason of biological and nurturing considerations, is ordinarily best positioned to secure the physical and emotional welfare of the minor,” it observed.“It is well-established that, ordinarily, the custody of a minor who has not attained the age of five years is entrusted to the mother,” the court further observed.The petition was filed by the woman seeking custody of her son. Her husband, a police constable posted in Jaunpur, had allegedly forcibly taken away her son from her in August last year. The petitioner also claimed her husband defied the Child Welfare Committee’s (CWC) order issued in September 2025 to hand over their child to her.In March, the Superintendent of Police, Jaunpur, had suspended the constable for forcibly taking custody of the child and acting in defiance of the CWC.The woman’s counsel submitted that she got married in December 2023 but the relationship turned sour over alleged harassment for dowry. She gave birth to a child in August 2024.The woman also lodged a complaint against her husband, based on which an FIR was lodged in March under Section 75 of the Juvenile Justice (Care and Protection of Children) Act (punishment for cruelty to child).Story continues below this adThe counsel cited provisions under the Hindu Minority and Guardianship Act while seeking custody of the child, and stated that the mother is considered the best guardian of the minor up to the age of five years.Opposing the submission, the husband, through his counsel, claimed his wife has studied till Class XII, has no independent income, and is completely dependent on her parents for assistance. Therefore, she is not capable of looking after the interests of the child, his counsel submitted.The man’s counsel also submitted medical prescriptions of the woman, claiming she is not in a stable mental condition.The court then observed that there is no possibility of reconciliation between the parties. It said the husband is not paying any maintenance to his wife, to which he is legally obliged. The petitioner assured the court she would look after her son with help from her parents, saying her mother is a government employee while father is a retired government official and gets pension.Story continues below this adThe court also rejected the husband’s plea, about his wife being an alcoholic on the grounds of prescriptions. It said the prescription only said the woman was suffering from abdominal pain and was advised to avoid spicy food.“… No such definite opinion has been expressed in any prescriptions that the mental condition of the petitioner is unsound or she is alcoholic,” it noted.The bench also observed that the man was suspended, which reflects his conduct, and that his attitude and behaviour demonstrate that he is “not at all concerned with the orders of this court”.The bench of Justice Jain said in its order, “… keeping in view the tender age of the child, it is in the best interest that his custody is handed to the petitioner… because for nutritional needs, he is fully dependent on her. It will be an injustice to deprive the child from the custody of his mother.”Story continues below this adThe court directed the husband to hand over custody of the minor to his wife within three days.However, the court stated, to preserve the emotional bond between the minor and his father, he is entitled to visitation rights.After the husband sought that he be allowed to visit his child twice a month, the court permitted it, saying he must inform his wife in advance and the visits shall take place at the nearest police station.