Mumbai Court Refused To Grant Interim Custody Of An 8-Yr Old To Her Mother






A Mumbai court while upholding the metropolitan magistrate order refused to grant an interim custody of an 8-year-old to her mother.

Justice said that the mother is living as a paying guest, if she will go to the work who will take care of the child.

“The appellant (mother) is a working woman, respondent no 1 (father) is also a working person but is residing in joint family whereas the mother is residing as a paying guest. If the wife will go on work, who will take care of the child”.

The woman claimed that she got married in the year 2010 and the things were going well but as the time passed, the behaviour of her in-laws towards her got changed and she added that, in the year 2019 her in-laws took away her child and asked her to leave the house.

The woman in her appeal stated that the magistrate while refusing custody of the child to the mother, had failed to consider that the child was less than 5 years of age.

The sessions court took note of an affidavit filed by the father-respondent in response to the allegations of domestic violence.

“From the affidavit tendered by the father, certain allegations are made against the mother about her character. The allegations are prima facie supported by the documents placed on record”.The session judge while upholding the metropolitan magistrate order said that at this stage it will not be just and proper to handover the custody of daughter to the woman.

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