Sessions judge SN Salve noted that the mother was a working woman and living as a paying guest and hence, would not be in a position to look after the child.
The mother of an 8-year-old child was denied interim custody by a Mumbai court due to her living situation as a paying guest. The court deemed that she would not be capable of taking care of the child under these circumstances.
Additionally, it was observed by Sessions Judge SN Salve that the father was residing in a household with extended family.
“The appellant (mother) is a working woman, respondent no 1 (father) is also a working person but is residing in joint family whereas the mother is residing as a paying guest. If the wife will go on work, who will take care of the child,” the judge reasoned.
The mother had appealed to the sessions court after her request for interim custody under the Protection of Women from Domestic Violence Act was denied by a metropolitan magistrate. According to the woman, her husband’s family changed their behavior towards her over time, and in 2019, they took her child away and asked her to leave their home.
In her appeal to the sessions court, the woman argued that the magistrate failed to consider that her child was under the age of five when denying her custody. The sessions judge also reviewed an affidavit filed by the father in response to the woman’s allegations of domestic violence.
“From the affidavit tendered by the father, certain allegations are made against the mother about her character. The allegations are prima facie supported by the documents placed on record.
The sessions judge upheld the metropolitan magistrate’s decision, stating that given the allegations made, it would not be fair and appropriate to grant custody of the daughter to the woman at this time.
Source : https://www.barandbench.com/news/litigation/strip-searching-undertrial-prisoners-is-violation-of-fundamental-right-to-privacy-humiliating-mumbai-court