To afford her daughter’s education, 47-year-old Ramabai Ranvir ran three kilometres to win a Rs 3,000 cash prize in Maharashtra’s Beed district. Citing her extraordinary sacrifice while hearing a family matter, the Bombay High Court underlined the heavy burdens mothers often carry to secure their children’s future — and granted a woman custody of her two minor children.
“The court cannot remain ignorant of the realities of life which confront a woman who, while striving to secure the future of her children, is simultaneously required to attend to the necessities of her own day-to-day existence,” the September 3 order observed.
Noting that the husband himself, on a stamp paper, had admitted that he has an extramarital affair, the court held that in such circumstances, it could not be said that the children would be in a healthy environment in the father’s custody.
The high court was hearing a revision plea filed by the mother challenging a sessions court’s order that had granted interim custody of the two minor children to their father till the final disposal of the proceedings, while giving her only visitation rights.
Domestic violence complaint
The wife had filed a domestic violence complaint and an interim application seeking custody of her two children. The application was allowed after the judicial magistrate interviewed both children. Aggrieved, the husband challenged the order before the sessions court, which held that the allegation about the husband’s extramarital affair would not affect the interim application for custody of the minor children.
Justice Rajesh S Patil said the incident in Beed is a ‘reminder’ that a mother’s struggle to raise and educate her children is not always reflected merely in figures placed before the court.
The wife then filed this petition before the high court seeking interim custody of her daughter and son, claiming that she has recently joined the service of a company and earns a salary of Rs 13,000 per month.
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‘Children can live with grandparents’
The wife, through advocate Avesh Ghadge, claimed that her parents and her two married brothers live together, and both brothers have taken up the responsibility of her welfare, as well as that of her two children, both emotionally and financially.
She further claimed that her brothers’ children were around the same age as her own children and they would be able to enjoy each other’s company while living together with their maternal grandparents and uncles.
The woman alleged that both children were studying in a CBSE school. However, after the couple started living separately, the husband, whom she accused of often being drunk and also of having an extramarital affair, removed them from the school and admitted them to a state board school.
The husband, through his advocate Vijay V Patil, denied the allegations of an extramarital affair and that he was often inebriated. He submitted that both children were happily staying with him and their grandparents, who were taking care of them with love and affection. It was also argued that their present school was only around 100 to 150 metres from his residence.
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The man also claimed that his wife did not have an income source to meet the educational and other expenses of the children.
Children tutored, in-laws helpless: HC
The court found that the wife was not seeking custody as a means of obtaining financial support or any monetary advantage from her husband, as she had not claimed maintenance or alimony for herself. It noted that the daughter, being 12 years old and approaching puberty, would require more company of her mother, while the six-year-old son would also require his mother’s company.
After interacting with both children, the court found that they appeared to have been “tutored” by the husband. It also noted that the woman’s brothers had agreed and orally undertaken to take care of her and her children.
“They (wife and her brothers) do not require any kind of alimony or maintenance from respondent number 1 (husband) for their sister or towards her children,” the court noted.
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The court also interacted with the man’s parents and found them to be helpless. “As far as a healthy environment for the upbringing of the children is concerned, it is respondent number 1 (husband) who has, on a stamp paper, admitted that he has an extra-marital affair,” it added.
After considering the case, the court held that for the better future of the children and taking into account a better environment for them, the mother should get their custody.
The court directed the husband to hand over both children to the mother on September 9, and allowed the man to meet the children every Sunday till the final disposal of their case.
Justice Rajesh S Patil said the incident in Beed is a ‘reminder’ that a mother’s struggle to raise and educate her children is not always reflected merely in figures placed before the court.