Bombay High Court Denies Father’s Custody Plea Due to Anger Issues
The Bombay High Court recently dismissed a custody petition filed by a 41-year-old father for his 3-year-old daughter. The court cited his past anger issues and history of abusive behavior as key reasons for the decision. The case was heard by a bench comprising Justice Revati Mohite Dere and Justice Gauri Godse.
The father, a UK citizen, had filed a habeas corpus petition seeking custody of his daughter, a US citizen, who is currently residing with her mother, an Indian citizen, in Mumbai.
Court Prioritizes Child’s Welfare
The court ruled that the child’s well-being is the most important factor in custody cases. “Considering the past conduct of the petitioner, having anger issues, it will not be safe to hand over custody of the child to him,” the judgment stated. The court emphasized that, at such a young age, the child needs the care and affection of her mother.
Parental Disputes and Legal Battle
According to the petition, the couple got married in December 2018 in New York and had a child in March 2020. However, disputes arose soon after, leading them to sign a marriage reconciliation agreement in 2021.
In 2022, they mutually decided to move to Singapore permanently. They leased a home and enrolled their daughter in an international preschool there. However, in November 2022, while the father was in the UK, the mother returned to India with the child and refused to go back.
The father then approached the Singapore court and obtained a joint custody order. To enforce it, he moved the Bombay High Court.
Allegations of Abuse and Domestic Violence
The mother opposed the petition, citing incidents of violent and abusive behavior by the father, including in Singapore. She stated that she returned to India for her daughter’s safety based on advice from the Singapore police.
The court noted that the couple had a history of domestic violence, with a signed agreement requiring the father to undergo therapy, pay legal fees, and have supervised child access. Despite this, the mother filed complaints against him in both Singapore and India.
Court Justifies Mother’s Actions
The father argued that the mother illegally took the child from Singapore, where she was accustomed to living. However, the court disagreed, stating that seven months in Singapore was too short for a child of her age to develop roots.
The court supported the mother’s decision to move to India, ruling that she did not illegally detain the child. It also refused to assess the full merits of the case, as custody proceedings are still ongoing in both India and Singapore.
As a result, the Bombay High Court dismissed the petition, reinforcing that the child’s welfare comes first in such legal battles.
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