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In perhaps the first-of-its-kind custody battle between a live-in couple,the Bombay High Court permitted a man on Monday to retain custody of his three-year-old daughter till it arrives at a decision.
The court also directed Trombay Police not to arrest the Kerala native in a case of kidnapping filed by his estranged partners mother in June 2011. She has accused him of fleeing with the child while her daughter was in Dubai on a professional assignment.
The mans partner,who hails from Rajasthan and who has two more children from two different relationships,also filed a habeas corpus petition seeking their daughters production.
The couple met in 2007 in Abu Dhabi,where they were employed in a restaurant. They fell in love and came to Mumbai in 2009 while the woman was expecting.
The 36-year-old man,however,claimed his partner (28) returned to the Gulf when the child was eight months old to honour her January to October 2011 employment contract.
The woman said she kept the child with her parents at Mankhurd before leaving for Dubai. She said the man told her parents he was taking the child home but took the child to Kerala. The woman claimed he also took her gold jewellery and disappeared,forcing her to lodge a police complaint on returning from Dubai.
The man countered that he had repeatedly asked his partner to return to Mumbai and told her he would take the child to Kerala otherwise.
Justices A M Khanwilkar and R Y Ganoo heard the live-in partners on Monday and asked them if they were willing to get married and settle the case. The woman,however,refused a settlement and insisted on the childs custody.
The court directed the man to file an affidavit in reply to his partners petition by September 6.
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