Mumbai Court Cites Alcohol Addiction in Child Custody Transfer Decision
A magistrate court in Mumbai has made a significant ruling in a family custody case, transferring the temporary custody of a 13-year-old girl from her father to her mother. The court's decision was heavily influenced by evidence of the father's alcohol consumption, which had led to the rejection of his medical insurance claims and created what the court deemed an unsuitable environment for the child.
Court's Reasoning Based on Health and Welfare Concerns
Magistrate Girish S Mane delivered a detailed judgment explaining the rationale behind the custody transfer. The court specifically noted that medical documents presented by the mother indicated the father suffers from health issues directly linked to alcohol consumption. This was further corroborated by the rejection of his medical insurance claims on grounds of alcohol intake.
"The medical documents produced by the applicant indicate that the respondent is suffering from health issues due to consumption of alcohol, and his medical insurance claim was also rejected on account of alcohol intake," Magistrate Mane stated in the ruling.
The court emphasized that considering the child's age and gender as a 13-year-old girl, her welfare would be best served by residing with her mother. The judgment explicitly stated that the father's addiction to liquor made his custody arrangement unconducive to the child's overall welfare.
Child's Voluntary Testimony Proved Crucial
During a private interaction with the judge, the child voluntarily provided testimony that significantly influenced the court's decision. She stated that her father consumes liquor regularly and uses inappropriate language. Most importantly, she expressed a firm and clear desire to live with her mother.
The court observed that the child's demeanor and confidence indicated her statements were made "voluntarily, freely, and without any fear." This testimony, combined with the medical evidence, led the court to conclude that the girl's safety and moral development were at risk in her father's care.
Legal Proceedings Under Domestic Violence Act
The mother first filed a plea seeking various reliefs under the Protection of Women from Domestic Violence Act in 2025. To specifically seek custody of her daughter, she invoked Section 21 of the Act, which provides for temporary custody to the "aggrieved person."
In her petition, argued by advocate Adnan Mookhtiar, the mother alleged she was forcibly removed from the shared household by the father on April 2, 2024, leaving the minor child in his sole custody. She presented substantial documentation alleging:
- The father is a chronic alcoholic and heavy smoker
- He suffers from extreme anger and volatile temper
- He frequently uses abusive and derogatory language
- There exists a substantial risk to the child's safety
The mother contended that exposing a young girl to such an environment normalizes disrespect, damages her self-worth, and distorts her understanding of healthy relationships, making it entirely unsuitable for proper moral upbringing.
Court's Final Orders and Considerations
Under the Domestic Violence Act, the court ordered the father to hand over the child within 10 days. The mother will retain temporary custody until the girl reaches adulthood or until the main legal case is resolved.
While the father raised allegations of an affair against the mother to contest the transfer, the court dismissed these claims as unsubstantiated. Magistrate Mane emphasized that "irrespective of such allegations, the wish and welfare of the child shall remain the paramount consideration."
In a balancing measure, the father was granted visitation rights every Sunday at a mutually agreed-upon location to maintain a parental bond with his daughter.
This case highlights how courts increasingly consider children's testimonies and documented evidence of parental behavior when making custody determinations, with the child's welfare remaining the central focus of such proceedings.
