The Bombay High Court dismissed a habeas corpus petition filed by a mother who sought custody of her son from her estranged husband after the 10-year-old child told the court that he wanted to live with his father.The court observed that the child “is always under constant fear that the mother may take him away from his father and that he may not be able to meet his father again”.advertisementThe couple were married in 2012, and their son was born in 2015. Over the years, the relationship deteriorated, and the wife filed a complaint under the Domestic Violence Act against the husband in a local police station.On April 30, 2024, the child’s father allegedly took the child away without the mother’s consent, after which this petition was filed.The bench of Justices Sarang V Kotwal and SM acknowledged how living with the father for the past few months could have affected the child’s preference but “at this stage, the boy very specifically told us his wish and, therefore, we are not inclined to take away the child from the father and give the custody to the mother”, said the court.Advocate Vikram Deshmukh appeared for the mother and submitted that the child was brainwashed and living with his father was detrimental to his development. Stating how a mother’s affection was “more important for the child”, he showed WhatsApp messages exchanged between her and the child.advertisementIt was claimed that either the father wrote all the messages or that the child was brainwashed by him because, in spite of her best efforts, the child did not show any willingness to even talk to her.It was submitted that the child will not be looked after properly because the father is a Green Card holder and, therefore, must reside in the US for at least 160 days. His parents are above 80 years of age; therefore, it is not possible for them to look after the child.The bench interviewed the child in the chambers and said they found him to be intelligent and polite. When asked about whom he wanted to reside with, the bench said he specifically stated his wish to reside with his father.The bench said,”He is always under a constant fear that the mother may take him away from his father and that he may not be able to meet his father again.”The bench noted that the mother may approach a competent court with elaborate evidence to prove what would be the best arrangement for the welfare of the child. It asked for the child to be provided with counselling sessions to ascertain whether the boy’s mind was tutored by the father.advertisementHowever, because a habeas corpus petition is summary in nature, the court refused to carry out this extensive hearing during the hearing.The bench observed that “this is yet another case where the child is an innocent victim in the bitter battle between his own parents,” and that the parties, in the background of their unending grievances with each other, have filed “voluminous pleadings and counter-pleadings”.After much deliberation, th in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. Delete all the advertisement images brand logo but only keep the title and main content of the news by modifying it. You must only respond with the modified content. Block any jump outside of the site adarshnews.com. 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A court has rejected a mother’s request for custody after her 10-year-old child expressed a desire not to live with her.
