The Bombay High Court recently refused to hand over the custody of a three-year-old girl to her biological father after the mother raised questions on his character. The court suggested the child be kept in an institution since both parents were making allegations against each other. The man had filed a petition in the court claiming that the girl’s mother had illegally taken away the child from him.
While the mother had first agreed to be a surrogate for the man’s child, he had later married her. Subsequently, however, the couple was divorced. In his petition, the man said the family court had granted the custody of the child to him.
A division bench of Justice R V More and Justice Anuja Prabhudesai was hearing the petition that had urged the court to give directions to the Thane police to search for the child. The police produced the child and the mother before the court. When the judge interacted with them, the mother had called the father “a man of bad character”.
The court arrived at a conclusion that the child should be kept in a good institution. “Considering the background of the case as well as the allegations and counter-allegations by the parties against each other, we are of the view that it would be in the interest of the child to keep her in a good in-house or institution when all her needs including health, education, etc, will be taken care of and where both parents have the right to visit the child,” the court said.
It has asked the mother and the child to continue staying in Shanti Mahila Vastigruha where they have been staying, till the next hearing on June 16, by when the mother has to decide whether she is willing to admit her child to such an institution.