Mumbai: Child breaks down in High Court, refuses to go with mother


Mumbai, Jan 10 (PTI) : Emotional scenes were Tuesday witnessed in the Bombay High Court when a minor boy was inconsolable, wanting to be with his father and refusing to go to his mother who was granted the child’s custody by a family court. A division bench of justices R V More and Shalini Phansalkar Joshi was hearing a habeas corpus petition filed by the 28-year-old woman, seeking direction to her former husband to appear before the court along with their six-year-old son.

According to the woman, she got married in 2006 and in 2010 she delivered the baby boy. In December 2014, the couple got divorced and the boy’s custody was granted to the mother as he was still a minor.

“On August 8 last year, the father forcibly took the child when he was returning home from school and fled the city. The woman then lodged a kidnapping complaint against the boy’s father,” the petitioner’s lawyer Raja Thakare said.

During investigation, it was found that the 30-year-old father had taken the child to his hometown in Surat but police could not trace them. The woman then approached the high court. The man today appeared before the court along with his son.

The court reprimanded him for taking away the child despite the family court granting the boy’s custody to the mother. The bench ordered the father to hand over the child to the mother as soon as they step out of court, and disposed of the petition.

However, when the woman tried to take the child, the boy started crying inconsolably and said he wanted to be with his father and not the mother. The court then asked the couple to step outside the court.

The mother finally left the court with the wailing child.

  

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Comment on this article

  • Vincent Rodrigues., Frazer Town,Bangalore

    Wed, Jan 11 2017

    Child might have preferred father over his mother because of treatment and attachment developed

    DisAgree Agree [2] Reply Report Abuse

  • Anticorrupt, Mangalore, Kuwait

    Wed, Jan 11 2017

    wish someone could have mediated to compromise between the parents. This child who has just begun to understand and should get the love of both the parents and not be in such a situation.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Rita, Germany

    Tue, Jan 10 2017

    sad, the boy must have enjoyed the life with father till then and wanted too in future.

    The court should have considered the wish of boy and his future.

    what helps if boy is not happy with mother? Hope he will be happy and mother treats him well

    DisAgree Agree [2] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Tue, Jan 10 2017

    Without prejudice..,
    Now a days in matrimonial relationship husband's are the biggest sufferers...., many times wives scold & beat children mercilessly in front of husband & in-laws while venting their anger...,

    I only wish the boy is safe.., the tender mind should not be corrupted.., let all of us pray for a safe & bright future of the boy and right temperament and wisdom to the mother.

    jai ho..,

    DisAgree [1] Agree [32] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Jan 10 2017

    Law is Dumb but cannot be Blind ...

    DisAgree [1] Agree [18] Reply Report Abuse

  • Nithya, mlr

    Tue, Jan 10 2017

    Child's heart is so pure. Knows nothing but love. Want both father and mother. Both father and mother have thier own unique things to teach the child.

    DisAgree Agree [28] Reply Report Abuse


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Title: Mumbai: Child breaks down in High Court, refuses to go with mother



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