Don’t play tricks with the court, warned the court while hearing the plea of a mother who challenging the family court decision to temporarily allow the custody of her five-year-old son to her husband.
Don’t play tricks with the court, warned the Bombay high court on Monday while hearing the plea of a mother who challenged the family court decision to temporarily allow the custody of her five-year-old son to her husband.
Rubbishing the wife’s claim that the husband, a Pune-based businessman, is in improper frame of mind, the vacation bench of justice SJ Kathawalla and justice PD Kode ordered the wife to hand over their son to him at the family court on Tuesday. The bench warned: “In the event the court order is not met with, then the wife’s plea will be dismissed on the next hearing, due on Wednesday, and the father granted a complete one-month access to the child.”
The wife has challenged the May 9 order of the family court, which has allowed the husband access to his minor son during summer vacation. When her advocate argued before the high court that “the husband does not have a mind of his own apart from having a criminal case pending against him”, the court clarified that “the child cannot be denied access of any of the parents”.
“Don’t play tricks that I have moved high court against the custody order and that my plea has been admitted, so the custody cannot be given,” the HC bench warned.
As per the wife’s plea, the couple married in 2006 and in 2009, allegedly after harassment from the husband, the wife filed for a divorce in the family court. The divorce case is pending.
Meanwhile, the court also ordered the husband to pay a maintenance of Rs11,000 to the mother and child, which he has not paid for the past 18 months. However, when the husband moved the court seeking for a month’s access to the child, it was granted. The child’s custody is to be handed over by the wife to the husband on Tuesday.
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