2 weeks ago
Bombay High Court Grants Mother Custody After Citing Her Struggle
A court had to decide which parent should temporarily care for two children.
Their mother said she worked hard to support them and had recently obtained a job.
She also said her family would help care for the children.
The father said the children were happy living with him and their grandparents.
He denied claims that he regularly drank alcohol and had an affair.
The court noted that he had acknowledged an affair in a written statement.
It also believed the children might have been coached before speaking to the court.
The judge decided that the children should live with their mother for now.
The father can visit them every Sunday while the larger case continues.
The Bombay High Court granted a mother interim custody of her 12-year-old daughter and six-year-old son.
Justice Rajesh S Patil cited the mother’s efforts to support her children despite limited financial means.
The court noted that the husband had acknowledged an extramarital affair on stamp paper, although he denied the allegation in court.
The court found that the children appeared to have been tutored and questioned whether the father’s home provided a healthy environment.
The husband must hand over custody on September 9 and may meet the children every Sunday until the case is finally decided.
- Who
- The Bombay High Court, the mother, her husband, and their two minor children were involved.
- What
- The court granted the mother interim custody of both children and allowed the father weekly visits.
- Where
- The case concerned a family from Beed district in Maharashtra and was heard by the Bombay High Court.
- When
- The order was issued on September 3, with custody to be handed over on September 9.
- Why
- The court considered the mother’s efforts and support system, the children’s need for her company, and concerns about the environment in the father’s custody.
Mother’s Case
Father’s Case
Children’s living environment
Mother’s Case
The mother argued that the children would receive care from her, their maternal grandparents, and her brothers.
Father’s Case
The father said the children were happy living with him and their grandparents, who cared for them with love and affection.
Allegations against the father
Mother’s Case
The mother alleged that the father regularly drank alcohol and had an extramarital affair, and said he had moved the children from a CBSE school to a State Board school.
Father’s Case
The father denied regularly drinking alcohol or having an extramarital affair and said the children’s current school was only 100 to 150 metres from his home.
Financial ability
Mother’s Case
The mother said she had obtained a job earning Rs 13,000 monthly and that her brothers would help support her and the children.
Father’s Case
The father claimed that the mother lacked an income source to meet the children’s educational and other expenses.
Key facts
- Children’s ages
- The daughter is 12 and the son is six.
- Mother’s income
- She said she had recently joined a company earning Rs 13,000 per month.
- Mother’s support
- Her parents and two married brothers said they would support her and the children emotionally and financially.
- Court’s concern
- The court said the children appeared to have been tutored by the husband.
- Father’s admission
- The court noted that the husband had acknowledged an extramarital affair on stamp paper.
- Custody arrangement
- The mother receives custody, while the father may meet both children every Sunday.
- Duration
- The arrangement continues until the final disposal of the case.
Quotes
Justice Rajesh S Patil
Bombay High Court judge who issued the custody order
“The court cannot remain ignorant of the realities of life which confront a woman who, while striving to secure the future of her children, is simultaneously required to attend to the necessities of her own day-to-day existence.”
indianexpress.com
“They (wife and her brothers) do not require any kind of alimony or maintenance from respondent number 1 (husband) for their sister or towards her children.”
indianexpress.com
Sources
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