Mom better custodian of breastfed child, says HC

Mumbai: Bombay HC has ordered a man to hand over the custody of his one-year-old daughter to his estranged wife, observing the child's best interests lie with the mother as she is still being breastfed.The woman was forced to leave her matrimonial house after she was assaulted last month and since her sister-in-law snatched away her daughter, she could not take the child with her, a bench of Justices S V Kotwal and Sandesh Patil said on Tuesday. "The child is dependent on the mother to some extent on breastfeeding. This is an important consideration." As per the woman's habeas corpus plea, the couple married in 2023, and since then, she had been subjected to physical, emotional and mental cruelty. She sought a direction to her husband to hand over the custody of their daughter to her, as the child was still being breastfed and hence needed her mother. The man opposed the plea, claiming his wife left their home on her own and has refused to cohabit with him. He said it would be in the best interest of the child to live with him as he was earning while his wife was not. As per the law, the father, too, was a natural guardian of the child, he said. HC, however, noted that since he was working, he would not be in a position to take care of the child and the woman, who is now living with her parents, would be in a better position to do so. The court also took note of WhatsApp messages sent by the man to his wife in which he used abusive and filthy language.