Mentally Ill mother entitled to Custody of Child below 5 Yrs unless Mental Illness Such That It Would be Detrimental To Child’s Health: P&H High Court.

The Punjab and Hariyana High court on Monday, while Disposing of a habeas Corpus Petition filed by a mother alleging illegal detention of her 2 years old Child at the hands of her husband and in – laws, held that a mother, even if she is mentally ill, is entitled to thje custody of a minor child, especially if the child is below the age of 5 years, unless the mental illness is such that it shall be detrimental to the health of the Child. “in case of a mother, especially where they custody concerns a child less than 5 years old, she ought to be granted Custody unless she is so mentally of Physically incapacitated that handing over custody to her would be physically or mentally detrimental to the health of the Child”

Accordingly, the court held:

“The entire case of the answering respondent nos. 4 to 6 is that the petitioner is mentally disturbed and therefore having abandoned the child was not entitled to his custody. However, assuming them to be genuine , in terms of the provision\\s of the Mental Healthcare Act,2017, even if the petitioner was admitted in an institution for care and rehabilitation, even in such a situation, ordinarily a Child under the age of 3 years ought not be separated from her during her stay in such an institution. In the present case, firstly is not staying at any mental health establishment where she is receiving care or treatment. On the contrary, she is working with a multinational company. Therefore, there can be no justifiable reason to deny her the custody of the child who is barely 2 years and 3 months old. In fact, denial of custody to the petitioner who is natural and biological mother of the child would be detrimental to the mental health of not only the child but the mother as well’’

Case Title: Mansi v. State of Punjab and others