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Court hands over custody of child to father


FIRST-OF-ITS-KIND JUDGEMENT

Court took under consideration the 12-year-old’s submission that he needed to live in Pune with his dad and paternal grandparents to stay in world college and continue pursuing golfing, which he plays at the natl level. Mother, who has moved to Kolhapur, acceded


In a unprecedented order on child custody disputes, the Bombay High Court (HC) has not too long ago allowed a father to keep his 12-year-old son with him after a circle of relatives split.

The mother had sought custody of the kid in a plea after matrimonial problems arose, against which her husband — a Merchant Navy officer — had approached the HC. When the court docket interacted with the kid, it came to light that no longer most effective is the young boy a national-level golfing player, however he additionally expressed a want to stay on with his father, because he needs to focus on his career. Taking those unique circumstances under consideration, the HC handed its order last week and cleared that the welfare of the kid lies in his shifting to Pune for studies.

It is for the very first time that the HC has passed over custody of a child to his father, retaining in view his schooling and welfare.

The couple, Girija and Rahul (names changed), were given married in March 2003. Girija hails from Kolhapur, whilst Rahul is a native of Sangli. The latter has been operating within the Merchant Navy for years, whilst she works at a multinational company (MNC) in Pune at the moment. The couple lived for a stint in the UK post-August 2003, and returned to Sangli in the end, most effective to be blessed with a baby boy in 2006. They decided to move to Pune later for better prospects and their son was admitted to a world college here. As the kid proved to be an lively sportsperson, Rahul encouraged him to pursue golfing. Soon, things took a turn for the worse when the couple started squabbling often over small problems.

As the rancour constructed up, Rahul filed a divorce petition within the Kolhapur court docket. On March 22, 2018, it is alleged that Girija forcibly took the kid to Kolhapur without informing her husband.

Rahul then moved a petition for child custody within the Kolhapur circle of relatives court docket. Girija adverse the similar via filing a reply. When his utility was rejected, Rahul filed an attraction within the HC for custody. He stated that the kid had earlier knowledgeable the Kolhapur court docket that he's no longer ready to manage up with the varsity curriculum, and is dealing with psychological trauma and common instability because of the circle of relatives troubles. It was submitted that the son has verbally cleared that he wants to shift to Pune with his father and paternal grandparents, to continue studies at the world college and keep playing golfing.

At this point, the HC interacted one after the other with the oldsters and the kid. The latter told the court docket that the varsity in Pune supplies him with optimal amenities, honing his self-confidence and leadership qualities. He additionally expressed a want to keep playing golfing and bettering his talents. When the court docket requested the kid if he is k with no longer staying with his mother if she needs to depart Pune, he clarified that he's relaxed dwelling with his grandparents.


The father knowledgeable the court docket that he has no longer cancelled his son’s admission, and his college may be willing to house special categories for him; at the identical time, Girija expressed some apprehensions, and stated that during case her son suffers from any ailment, she must no longer be held accountable, and the grandparents must take proper care of him. She additional submitted that all through fairs, the kid must be despatched to her in Kolhapur — this condition was agreed upon via each the kid and his father.

Speaking to Mirror after the verdict, suggest Bharat More, who represented the daddy, shared, “My client had filed a divorce utility within the Kolhapur court docket in 2018, on grounds of cruelty. The spouse had demanded custody of the kid via filing an utility that was allowed via the Kolhapur court docket. We appealed within the HC, however meanwhile the boy was admitted at a Central Board of Secondary Education (CBSE) college there; here in Pune, he was finding out at a world School. The child is a national-level golfing player — he was suffering very much amid this circle of relatives dispute. The HC considered the kid’s shiny future and ordered that the mother right away hand over the kid’s custody to the daddy. This is a welcome judgment.”


While giving the statement, Justice RG Ketkar had stated, “After interaction with the kid, I was in reality inspired with his honesty and sincerity. It is settled in legislation that whilst making an allowance for period in-between custody, the welfare of a kid is a paramount attention. In my opinion, his welfare on this case lies in shifting to Pune and finding out there in an effort to pursue his spare time activities.”


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