Hand over custody of child to mom, Bombay HC tells father

MUMBAI: Spelling relief for a city-based woman, the Bombay high court recently directed her estranged husband to hand over their child to her. He had taken the child, who is below the age of three years, to his house in July 2019. The HC invoked an apex court ruling that says a child below the age of five years should be with the mother unless the father provides cogent reasons to prove otherwise.
The child's mother had filed a petition of habeas corpus against her estranged husband who, she said, till then was working abroad. The writ of habeas corpus is a legal provision to seek orders in case of illegal detention or custody. However, the HC bench of justices S S Shinde and N B Suryawanshi agreed with the husband's counsel, Manohar Shetty, that it was not illegal for the father, who is the natural guardian, to have custody of the child and, hence, could not attract a writ of habeas corpus.
The HC said since the child was in exclusive care and custody of the mother for four months since March 2019, she should have his custody till the family court decides on the father's plea for custody and divorce.
The HC directed the father to hand over the child to the mother on January 16. Since the child was not handed over as directed, the HC, on Monday, heard a contempt plea by the woman's counsel, Uday Warunjikar. The immigration department and Mumbai police have been directed to ensure the father does not take child out of the court's jurisdiction.
The family court will hear the father's plea in the first week of February and he can raise his arguments for custody then, the HC said. The HC said the family court should decide the case within nine months.