The court addressed that when a child’s life and health are at risk, judicial officers should show compassion and urgency.
Bombay: The Bombay High Court came down strongly on a family court judge who refused to urgently hear a plea filed by a father seeking temporary custody of his 2-year-old son. The child needs to undergo an open-heart surgery, and the High Court said that the lower court’s refusal to act promptly was highly inappropriate.
ALSO READ: Child Welfare is Paramount, Courts Can Modify Custody Orders: Kerala HC
The matter was heard by Justice Rohit Joshi of the Aurangabad vacation bench on Tuesday. He was looking into a petition filed by the boy’s father, who urgently sought interim custody to take his son for a scheduled open-heart surgery. The surgery is expected to take place in the first week of June at MGM Hospital in Chhatrapati Sambhajinagar.
According to the father’s plea, he had approached the family court at Kaij in Beed district with a request for an urgent hearing on the matter. Unfortunately, the judge of that court refused to list the matter urgently.
ALSO READ: “No Estoppel Against Court’s Errors” – Kerala High Court Recalls Child Custody Order
The High Court expressed shock at this decision.
Justice Joshi remarked, “The conduct of the judge (family court) to say the least is unbecoming of any judge.”
The Court stressed that when a child’s life and health are at risk, judicial officers should show compassion and urgency.
Not only the judge, but the child’s mother also faced criticism from the High Court for opposing the father’s request.
ALSO READ: Bombay High Court: Adultery Not Grounds to Deny Child Custody
Justice Joshi said, “Equally shocking is the conduct of the mother who is opposing the prayer for interim custody despite specifically admitting that the child is required to undergo the operation.”
In a firm ruling, the Bombay High Court granted the father’s request and ordered that the mother must hand over the child for the surgery.
“The child will be in the custody of the father during the course of hospitalization and the mother will get custody of the child back subject to further medical advice,” the High Court directed.
