A local court has refused to pass any order on giving custody of a seven-year-old child to either of his estranged parents while observing that the child is ultimately taken care of my maid servants. However, the court has ordered the father to pay Rs 20,000 every month to the boy’s mother for his expenses and has also asked the mother to contribute the remaining amount needed for his welfare. In his order passed recently, Thane Principal District Judge R R Gandhi observed that it is found from the arguments that the school-going child is being cared by two maid servants.
The boy’s mother, who is the petitioner, goes to her job in the morning and returns home in the evening. The respondent also goes for his job and returns in the evening. The respondent remains out of the city for more than 20 days in a month. The child is under constant custody of the maid servants working in the house, the judge observed.
The judge further observed that after considering the arguments of respective parties, the request of the applicant under section 38 of the Special Marriage Act, 1954, for custody of the child, need not be granted at this stage, because whether the custody is granted to the mother or father, the fact is that the child is under care of the maid servants. The child’s mother had earlier filed the petition for his custody and maintenance.
The judge also observed that as far as monthly maintenance of the child is concerned, the petitioner is an employed woman and she is earning approximately Rs 80,000 per month, and a similar salary or earning is of the respondent. However, in reply, the respondent has not disclosed the income. The petitioner’s said calculations are not disputed by the respondent and there cannot be any disagreement with the expenses shown for the care of the child, the court observed. The respondent has shown willingness to contribute Rs 20,000 per month as maintenance for the welfare of the child.
The applicant has to contribute the remaining amount for the expenses of the child, it further observed. Besides, the factual aspect about the income, the status of the family and the capacity to maintain the child by the applicant or the respondent is to be considered at appropriate stage, the judge further noted