The Bombay High Court (HC) recently allowed a man to meet his two-month-old child on learning that his wife tried to flee the country along with the child by forging documents.
A division bench of the high court, comprising Justice AS Gadkari and Justice Shyam Chandak, was hearing a habeas corpus petition filed by the man.
The couple got married in India as per the Muslim personal laws.
The high court, in its order, noted that on three occasions, it tried to settle the dispute between the couple, taking into consideration the paramount interest of the child.
However, the same did not yield any positive result. The bench noted that the child was present before the court on all the hearings
After a dispute arose between the couple, the husband filed a complaint against the woman and her mother. The Magistrate Court of Andheri granted bail to the duo on January 1, 2024.
The court, in its order, noted that while they were on bail, the woman and her mother attempted to manipulate certain documents with the intention of leaving India using an Emergency Travel Document to travel to Uzbekistan.
As a result, another First Information Report (FIR) was registered against them. The investigation in both FIRs was in progress, and the police report is yet to be filed.
Advocate Jitendra Tiwari, representing the man, submitted that he will initiate proceedings before the Family Court in Mumbai seeking custody and/or visitation rights for the child. Until then, he requested visitation rights for the minor.
The bench agreed and granted the father the right to meet the 2-month-old every alternate day between 4pm and 5pm until he files appropriate proceedings before the Family Court and necessary orders are passed.
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