Taking a sympathetic view, the Bombay High Court has asked the Parsi Panchayat whether it could provide temporary accommodation to a man who is in a custody dispute with his wife.
A division bench of Justice PB Majmudar and Justice AV Mohta has also asked either a trustee or the president of the Parsi Panchayat to remain present in the court on the next date of the hearing on April 25.
The hearing took place inside the judges’ chamber, but the order copy is available on the official website of the high court.
The court has clarified that it is asking about the accommodation for the husband without prejudice to the rights and contentions of both the parties. “The court would like to know from the Parsi Panchayat as to whether, by way of interim solution, any accommodation of the Parsi Panchayat either in Cusrow Baug or in any other premises can be made available to the appellant for a period of six months till the title suit is decided.”
The court was hearing an appeal filed by the husband challenging the order of the single judge restraining him from entering their flat. The couple had been staying with their minor daughter in the flat in south Mumbai.
The court has permitted the husband to enter the house on one day, on April 24, 2012, in the evening at 7.30 pm as he would like to pick up his new clothes to attend a marriage function.
When the judges interviewed the couple’s minor daughter in their chamber, she stated that she wanted to stay in their existing flat with her mother.
The judges observed: “Though the child is a minor at present and we cannot give much weightage to her wish at this stage, we are also required to see to her welfare and well-being. Court is required to keep the balance with a primary object to see the paramount welfare of the child in this unfortunate dispute between the appellant and the respondent.”
The couple is involved in a matrimonial dispute which is pending in the High Court since 2009.
During the recording of evidence, the minor child was also referred for therapy.
