Can father get custody of the child on the ground that the mother is not able to provided proper treatment to the child

Hearing in a case of appeal filed against the grant of custody of the child by the family court to the mother, the Chhattisgarh High Court, in order to simplify the right of contact with the child, both the parents have been instructed to keep smartphone for video calling. Along with this, while disposing of the appeal, the father has been allowed to stay with his son and wife on holidays and festivals 

According to the case. Lalit was married to Sushma. Lalit B.E.O.(education department) in Mainpot and Sushma was an education worker in Bilha. The couple had a son in March 2014. Who was handicapped since birth Sushma were transferred to Raipur for better treatment of the child. After this there was estrangement between husband and wife. Alleging that the child was not getting proper treatment, the father Lalit presented a case of giving himself the custody of a son in the Raipur family court. Hearing the matter, the family court on 10 May 2019 rejected Lalit"s demand. And only the mother was allowed to continue custody the child. The disappointed father challenged the order of the family court in the High Court.

The matter was heard in the Division bench of Justice Gautam Bhaduri and Justice Rajni Dubey. The bench refused to interfere with the order of the family court.But giving relief to the father, bench said that he too will have the right to meet and contact the child And in order to simplify the right of contact with the child,both the parents were instructed to have a smartphone for video calling.