Court asks Kumble’s wife to negotiate with former husband on daughter’s custody

A recent news:

Court asks Kumble’s wife to negotiate with former husband on daughter’s custody

From the news:
At this juncture, Justice Lodha asked Mr. Bhushan: “Has the girl shown any inclination to stay with the father? Why should you disturb? Why should you do something which may harm the child’s interest?”

1. The point which should also be asked is if the child has shown any apathy or aversion to idea of staying with father. In absense of that, it is violation of children's rights to deprive them company and affection of one parent, mostly fathers.

2. Isn't it highly presumptuous that disturbing of status quo in this matter will harm the child's interest. Also given that cases drag for so long in India, is the father to be solely blamed for 'disturbing' a certain status quo?