Mother's milk is necessary for the physical and mental development of the child, so the child should be handed over to its mother - Sessions Court

A sessions court in Mumbai has upheld a magistrate's order to hand over an 18-month-old child to his mother.The Sessions Court has said that the Magistrate has ordered to hand over the child to its mother, it is completely correct.Mother's milk is the best food for the child's physical and mental development. If the child is deprived of mother's milk, the risk of the child becoming physically and mentally handicapped will increase.Along with this, the court said that depriving the child of its mother's milk would be a violation of the fundamental rights of the child.                     As per the case the parents of the child were married in 2020. In November 2021, the wife gave birth to a child. In 2022, the woman lodged a complaint of domestic violence.The woman alleged that the husband and his family used to torture her, on March 8, 2022, they threw her out of the house.After the complaint of domestic violence was lodged by the woman, there was a conversation between the two sides, as a result of this conversation, the woman returned to her in-laws house.But after some time, the in-laws of the woman again threw her out of the house, in such a situation, the woman gave an application in the magistrate's court and requested to hand over the child to her. Acting on the woman's application, the magistrate's court ordered the child to be handed over to her.                                              The woman's husband challenged the magistrate's order in the sessions court. The husband argued that the woman was financially unstable and was looking for a job. Due to economic instability the woman is not able to take proper care of the child . The husband alleged that the woman had left her in-laws house when the child was 8 months old. The husband and his parents are bringing up the child.                                                The woman countered the husband's allegations that she has been tortured, subjected to domestic violence, thrown out of the house and forced to stay away from her child.                                                          After hearing both the parties, the Sessions Court observed with the above observations that The Magistrate has ordered the child to be handed over to its mother, it is correct, rejecting the husband's plea, asking him to comply with the order of the Magistrate .