Bombay High Court slams a family court judge for refusing an urgent hearing. File
| Photo Credit: Vivek Bendre
The Bombay High Court came down heavily on a family court judge over denial of urgent hearing to father’s petition seeking interim custody on medical grounds of his two-year-old son who needs to undergo an open heart surgery.
Passing the order, a Single Bench judge of the Aurangabad Bench of the Bombay High Court (vacation court), Justice Rohit W. Joshi remarked, “It appears that in serious matter like this where a child of less than two years of age was required to undergo an open heart surgery, the learned Judge has not deemed it appropriate to take the case on board to consider as to whether the prayer for interim custody on medical ground should be granted or not.”
The High Court further noted that “the conduct of the learned judge, to say the least, is unbecoming of any judge”.
The father filed an application seeking custody of his child who was born on September 21, 2023 and required to undergo an open heart surgery. The child is currently in the custody of the man’s estranged wife. The petitioner filed an application for interim custody on medical ground for the purpose of operation of the child. He had also filed an application for taking case on board before District Judge-2 and Additional Sessions Judge, Kaij, in Beed district of Maharashtra.
The petitioner had also filed a certificate on May 9, 2025, issued by MGM’s Medical Centre & Research Institute Super Specialty Hospital, Aurangabad certifying that the child is required to undergo surgery which is tentatively scheduled in the first week of June, 2025. However, the family court judge in Kaij rejected the application for taking the case on board and passed the order that read, “The non applicant is the mother of child. In such circumstances, no urgent ground to decide the application of custody in summer vacation.”
Justice Joshi remarked, “Equally shocking is the conduct of the respondent – mother, who is opposing the prayer for interim custody, despite specifically admitting that the child is required to undergo the said operation. At the instance of this Court, the Office Staff has confirmed from the concerned hospital that the child is required to undergo open heart surgery, and the surgery is scheduled in the first week of June 2025.
In view of the aforesaid order dated 17.05.2025 passed by District Judge-2 and Additional Sessions Judge, Kaij, (Mr. Sudhir B. Bhajipale), on an application for taking the case on board, dated 17.05.2025 filed in case Filing No. 107/2025 is quashed and set aside.”
Having regard to the urgency in the matter, the application for interim custody of the child filed in the said proceeding is allowed, the court ordered.
“The respondent – mother is directed to place the child in custody of the father in Aurangabad tomorrow i.e. on 28.05.2025 for the purpose of undergoing surgery as recorded above. The child will be in custody of the father during the course of hospitalization and the mother will get custody of the child subject to further medical advise since the mother stays at Kaij, which is at a distance of 200 km from Aurangabad,” the judgement said.
In regard to the welfare of the child, the court directed that the father would grant continuous access to the mother while the child is in his custody. After the surgery is performed, the petitioner – husband shall file an affidavit along with appropriate documents to demonstrate that the surgery is performed as stated by him in the application.
Published – May 28, 2025 06:29 pm IST
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