Mumbai: A magistrate court cited the rejection of a father’s medical insurance claims due to alcohol consumption as a key factor in the transfer of the temporary custody of his 13-year-old daughter to her mother. “The medical documents produced by the applicant (mother) indicate that the respondent (father) is suffering from health issues due to consumption of alcohol, and his medical insurance claim was also rejected on account of alcohol intake. The child is a 13-year-old girl, and considering her age and gender, her welfare would be best served by residing with her mother. The respondent is addicted to liquor, and therefore, custody of the minor girl with him does not appear to be conducive to the welfare of the child,” Magistrate Girish S Mane said.This finding, coupled with the child’s own request during an interaction with the judge, led to the conclusion that the girl’s safety and moral development were at risk. During the interaction, the child voluntarily stated that her father consumes liquor and uses bad language, further expressing a firm desire to reside with her mother.Under the Protection of Women from Domestic Violence Act, the court ordered the father to hand over the child within 10 days. The mother will retain temporary custody until the girl reaches adulthood or the main legal case is resolved. The court stated that the demeanour and confidence of the child indicated her statements were made “voluntarily, freely, and without any fear”, necessitating that her wish to leave her father’s home be granted.While the father raised allegations of an affair against the mother to contest the transfer, the court dismissed these claims as unsubstantiated. “Irrespective of such allegations, the wish and welfare of the child shall remain the paramount consideration,” the Magistrate said.The child’s mother first moved a plea seeking various reliefs under the Domestic Violence Act in 2025. To seek custody of her child, Section 21 of the Domestic Violence Act was invoked. It provides for temporary custody to the “aggrieved person”.In her plea, submitted and argued by advocate Adnan Mookhtiar, the mother alleged that she was forcibly removed from her shared household by the father on April 2, 2024, leaving the minor child in his sole custody. She submitted that the father is a chronic alcoholic and heavy smoker, conditions she documented through supporting exhibits. This addiction, she claimed, created an unstable and dangerous environment that impaired his ability to provide proper care and posed a grave risk to the child’s physical and psychological wellbeing.She also alleged that the father suffers from extreme anger and a volatile temper. The mother also alleged that he frequently uses abusive and derogatory language that insults the modesty of women. The mother contended that exposing a young girl to such a verbally abusive atmosphere normalises disrespect, damages her self-worth, and distorts her understanding of healthy interpersonal relationships, making the current environment entirely unsuitable for the child’s moral upbringing.The mother also expressed a “substantial risk” to the child’s safety, specifically citing concerns regarding potential physical or sexual abuse due to the father’s lack of moral restraint and the absence of female supervision. She submitted that, as the biological mother, she is best equipped to offer a nurturing and secure home.The father was granted visitation rights every Sunday at a mutually agreed-upon location to maintain a parental bond.
