Unbecoming of a judge: Bombay HC on denial of urgent hearing of man's plea for ailing son's custody

Mumbai: The Bombay High Court has slammed a family court judge for refusing urgent hearing on a man's plea seeking interim custody of his 2-year-old son who has to undergo an open heart surgery, noting such conduct was "unbecoming of a judge".

Justice Rohit Joshi of the HC's Aurangabad vacation bench on Tuesday also expressed displeasure with the child's mother for opposing the application filed by her ex-husband seeking the boy's custody for the surgery.

The court was hearing a petition filed by the child's father seeking his interim custody. As per the plea, the child has to undergo the open heart surgery at the MGM Hospital in Chhatrapati Sambhajinagar tentatively in the first week of June.

The man said he had filed an application before the family court concerned at Kaij in Beed district and also sought an urgent hearing of the same.

However, the family court refused to grant an urgent hearing.

Justice Joshi said that in such a serious matter where a child is required to undergo an open heart surgery, the family court judge has not deemed it appropriate to take the case for hearing to consider whether interim custody should be granted to the father.

"The conduct of the judge (family court) to say the least is unbecoming of any judge," the HC said.

The high court also rebuked the child's mother for opposing the father's plea for interim custody.

"Equally shocking is the conduct of the mother who is opposing the prayer for interim custody despite specifically admitting that the child is required to undergo the operation," the court said.

The HC bench allowed the father's plea for interim custody of the child and directed the mother to hand over the boy's custody to the father for the surgery.

"The child will be in the custody of the father during the course of hospitalization and the mother will get custody of the child back subject to further medical advice," the high court said.