The Sessions Court of Mumbai upheld the order of the lower court to give an 18-month-old child in the custody of his mother. the bench of Judge Shrikant Y Bhosale said that the mother's milk is most important for the physical and mental development of the child.
The court refused to give custody of the child to the 37-year-old father, saying that the child of the parties is one year and six months old and is in dire need of breastfeeding.
Futher, the Court held that the child is in the husband's custody for the last year and is not getting the mother's milk, which is essential for her physical and mental development. Because of this it is right for the child to stay with the mother.
According to the information, the child's parents had an arranged marriage in 2020. After which the woman filed a complaint of domestic violence in 2022 before the magistrate's court. The woman gave birth to a son in November 2021. She alleged that her husband and his relatives used to torture her. He said that on 8 March 2022, he was evicted from the house.
The woman had filed a complaint of domestic violence in the magistrate's court. After which both sides talked and the woman returned to her in-law's house. However, he was once again thrown out of the house. After this, the woman approached the magistrate's court for the custody of her child. In which the woman was given the custody of the child. Dissatisfied with the March 31 order of the magistrate court, the father had moved the sessions court.
Husband told the sessions court that his wife did not have financial stability and was looking for a job. His lawyer said, "In such circumstances, handing over the custody of the child to the wife is not proper." The lawyer also said that the wife left her in-laws' house when the child was eight months old and since then the husband and his parents were taking care of the child. The wife alleged that she was harassed and subjected to domestic violence and was forced to leave the house.
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