Lokmat News Network
Chhatrapati Sambhajinagar:
Taking cognizance of the health threat to a toddler, the vacation judge of Aurangabad Bench of Bombay High Court Justice Rohit W Joshi has ordered the baby boy to be handed over to his father for further cardiac surgery on Tuesday (May 27). It may be noted that owing to a family dispute, the biological parents of a one and a half year old infant have filed a petition in the court.
Abiding by the court’s order, the mother of the toddler handed her son to his father in presence of the lawyers of both the parties. Hence the child will soon get a new lease of life through a surgery on a prescribed date.
What is the case?
The couple got married in 2021 and is blessed with a one and a half years old son. Unfortunately, it has been revealed that the toddler is suffering from cardiac ailment. Besides, the doctor had also recommended conducting surgery on priority. Accordingly, the date of surgery was fixed in the first week of June.
In the meantime, the differences between the couple started to increase. As a result, the wife along with the ailing son went to stay with her parents in Kaij on April 5, 2025. Hence the toddler’s father moved an application in the District Court seeking temporary custodianship of the son as according to him the son is not getting proper medical treatment and also deprived of proper care. The child is in possession of his mother and citing the ongoing summer vacation,
the court showed inability in taking an immediate decision on the plea.
High Court’s order
The husband then challenged the District Court’s order in the High Court through Adv Mahendra Gandle. Accordingly, the bench scrapped the lower court’s order and gave the above verdict.
The order mentioned that the toddler will remain in possession of father during the treatment. The mother stays 200 kms away in Kaij, therefore, the possession of the child will be given to her after medical consultancy. The husband should allow his wife to meet the toddler during the custodianship. The order also states that the husband should submit an affidavit to that effect along with the necessary documents before the bench after the child's surgery.
High Court's strong displeasure
Taking serious note of the indifference shown by the Kaij court regarding the child's critical case, the bench expressed strong displeasure, describing the conduct of the concerned judge as ‘inappropriate.’ The order also mentions that the mother's opposition to granting temporary custody to the father was ‘shocking.’