NAGPUR: The Nagpur bench of Bombay high court has asked a woman, staying in Maldives after separating from her husband, to appear before the Chandrapur sessions court with her child in November last week.
While hearing a criminal petition filed by the husband, a Chandrapur-based doctor, for the custody of the child, a division bench comprising Justices Bhushan Dharmadhikari and Chandrakant Bhadang also prohibited the mother from moving to any other country with the eight-year-old boy.
"If the directions are not complied with, and the mother and boy fail to appear, appropriate directions for impounding of passport and recall of visa shall be issued," the judges sternly warned.
According to counsel for petitioner Raghevendra Joshi, Prasanna and Renuka, both doctors, got married and had a son. But after differences cropped up between them, Renuka left her matrimonial home and started staying with her parents. After landing a job in Maldives in March this year, she immediately left the country with kid and got settled in capital Male.
Prasanna, who had lost child custody battle at the interlocutory stage, then approached the high court, contending that Renuka had clandestinely left the country without informing him or even the trial court, where a case was pending. Subsequently, the mother deputed her lawyer in the high court to defend her.
Prasanna raised serious doubt about the standard and type of education which the boy may be receiving at Male. He also pointed out that as law requires the custody proceedings to be decided by the senior judicial officer like the principal district judge, he is shortly moving an application under Section 24 of the Code of Civil Procedure (CrPC) for transferring the proceedings.
Renuka's counsel countered it stating that she was working as doctor and the boy is taking proper education. He added that the examinations and the unit tests of the child will be over by November 20 and thereafter, he can appear with the mother before the Chandrapur sessions court.
"The mother has already left the country with boy who is now undertaking education there. We direct the mother to give the details of the school in which the boy is studying. She shall also give details and the address of her employer by filing a suitable affidavit within four weeks," the judges said, while fixing the next hearing on November 27.
(Names changed to protect identity)