Mumbai court refuses to grant interim custody of minor to mother living as paying guest

A Mumbai court recently refused to grant interim custody of an 8-year-old child to her mother on the ground that she was living as a paying guest and hence, would not be in a position to look after the child..Sessions judge SN Salve also noted that father was living in a joint family. “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 judge reasoned..The mother had approached the sessions court after a metropolitan magistrate had refused to grant her interim custody while deciding her application filed under the Protection of Women from Domestic Violence Act. The woman had claimed that when she married in 2010, things were going well. But as time passed, the behaviour of her husband’s family towards her changed. In 2019, the in-laws took away her child and asked her to leave the house, the woman said in her complaint. The woman’s appeal in the sessions court 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 judge took note of an affidavit filed by the father in response to the allegations of domestic violence made by the woman.“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. Considering the allegations made, the Metropolitan Magistrate rightly observed that at this stage it will not be just and proper to handover the custody of daughter to the woman, the sessions judge said while upholding the magistrate's order..[Read order]