Mumbai: The Bandra Judicial Magistrate First Class (JMFC) court has granted temporary custody of a 13-year-old girl to her mother after the minor, in her voluntary statement before the court, expressed her desire to reside with her and spoke about her father’s alleged alcohol addiction and abusive behaviour.
Child Welfare Paramount
While passing the order, the court observed that the welfare and wishes of the child must remain the paramount consideration.
Minor Details Father’s Conduct
The court noted that during interaction, the child voluntarily stated that she wished to live with her mother. She further informed the court that her father consumes alcohol and uses abusive language towards her. The minor also stated that she had not met or spoken to her mother for a considerable period and longed to stay with her.
Voluntary Statement Confirmed
The court observed that the demeanour and confidence of the child indicated that her statement was made voluntarily, without fear, pressure, or coercion, and therefore deserved due weight.
Father’s Health and Alcohol Issues
“The medical documents produced by the woman indicate that the man is suffering from health issues due to consumption of alcohol, and his medical insurance claim has also been rejected on account of alcohol intake. The child is a 13-year-old girl, and considering her age and gender, her welfare would be best served by residing with her mother. The man appears to be addicted to liquor, and therefore custody of the minor girl with him does not appear to be conducive to her welfare,” the court observed.
Legal Basis for Custody
The court further held that under Section 21 of the Protection of Women from Domestic Violence Act, 2005, temporary custody of a child can be granted to the aggrieved person.
Unproven Allegations Against Mother
Addressing allegations made by the father that the woman was having an affair, the court stated that such claims were unsubstantiated at this stage and not proved. “Irrespective of such allegations, the wish and welfare of the child shall remain the paramount consideration,” the order stated.
Temporary Custody Granted
“Considering all these aspects, the temporary custody of the minor child, deserves to be granted to the woman till the final disposal of the present case or till she attains the age of majority,” ordered the court presided over by Judge Girish Mane.
Legal Representation and Application
Advocate Adnan Mokhtiar, appearing for the woman, had filed the application seeking temporary custody of the minor child.
Mother’s Allegations Against Father
In her application, the woman alleged that she was removed from the shared household on April 2, 2024, where she had been residing in a domestic relationship with the man. She submitted medical documents to show that the man was suffering from alcohol addiction.
Risk to Child’s Wellbeing
The woman contended that her husband’s habitual consumption of alcohol had impaired his ability to provide a safe and stable environment for the child and posed a grave risk to her physical, emotional, and psychological well-being. She further alleged that his frequent use of abusive and derogatory language, particularly language insulting to women, was harmful to the minor girl’s upbringing and could negatively impact her impressionable mind.
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Concerns Over Neglect
The woman also raised concerns about the absence of a nurturing and disciplined environment, alleging a risk of neglect and exposure to abusive conduct. She argued that exposure to such behaviour could cause long-lasting emotional harm to the child.
Court Emphasises Child Welfare
The court, after considering the submissions and interacting with the minor, granted temporary custody to the mother, emphasising that the child’s welfare would remain the guiding factor in the proceedings.
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