11-yr-old prefers rich dad to mom

When children speak, even judges listen. In a unique custody case, the Bombay high court removed a boy from his mother’s care after the 11-year-old told judges that although he loved both parents equally, he wanted to live with his father.

The division bench observed that in custody battles, the ‘‘wishes of the child must override all other considerations’’. Justice Ranjana Desai and R P Sondurbaldota interviewed the boy in their chambers and found that ‘‘for his age he showed a good amount of maturity’’. They also noticed how ‘‘stressed he was because of the discord between his parents’’. The boy’s name has been witheld to protect his identity.

The battle has been a bitter one. The mother, who has had custody of her son since her talaq in 1999, said the only reason he wanted to move was because the father was ‘‘extremely rich and offered him a very good lifestyle’’. The court acknowledged this and said that there was no doubt that the boy was drawn by the ‘‘comfortable lifestyle’’ of his father, a prominent real estate developer from Goregaon, but added that there were other reasons to be considered, such as the father-son bond. T

he mother also pointed out that there were a number of civil and criminal cases pending against the father and that he had even been in two weeks’custody for an economic offence. Moreover, she said that her exhusband was an Australian citizen and could easily take the boy out of the country and therefore should not be given custody.

The father, in his defence, said that he had been discharged from the cheating case and that the other matters were filed against him because he was the director of a real estate firm.

Father cites Muslim law to get son’s custody

Mumbai: In a unique custody case, the Bombay HC removed a boy from his mother’s care after the 11-year-old told judges that although he loved both parents equally, he wanted to live with his father.

The boy’s father, a prominent real estate developer in Mumbai, also sought to clinch his position by pointing out that under Muslim personal law, the guardian of a boy after he turns seven is the father.

The court was sympathetic to the mother, praised her for bringing up a child who ‘‘appeared well brought up and well groomed’’ and said no one could take a mother’s place in a child’s life. But the deal breaker was that the boy himself had asked to be with his father.

The mother will have access to her son on weekends while during school vacations the boy will divide his time equally between parents.

The father had first sought custody in 1999 but his plea was dismissed. This time it was different. ‘‘What has really weighed with us is the fact that the boy has said he wants to stay with his father...other things being equal we have no option but to direct that interim custody be given to father,’’ the order said.

The Times of India 16 May 2008 P.1 New Delhi
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in