Shocking Incident out of Judicial Adjudication Prcocess of child custody- Time to review the policy of child custody.

Shocking Incident out of Judicial Adjudication Process of Child Custody Time to review the policy of child custody.

A news report appearing in Navbharat Times dtd. 21/10/2018 is being referred here which indicates the need of judicial review that is required in case of domestic violence cases as well as maintenance and divorce cases. The newspaper report brings out a story where the child named Mayank aged 11 years old has died due to inadequate care by his mother and was being kept in a locked room and was being tortured by his mother. Ultimately the child was thrown out of the house on 12th October 2018 without any food and clothings. Ultimately the child who was taken to a hospital by the neighborhood could not be saved and died. Is it not amounting to murder and should the judicial authorities not review the policy being adapted for the custody of the child on legal separation of the parents.

The women are filing cases for domestic violence on the entire family even on the distant relatives on the pretty issues which ultimately leads to divorces. Normally all cases are being filed with the demand of maintenance under various legal provisions and most of such cases are being filed by elite class women who are employed but still the demand is for maintenance and alimony. 

It is seen that the women are using the child if any borne out of wedlock as trump card for the demand of money and the courts are also meeting their demand in the process without realising that such process is leading to encourage the process of breaking the family as the cases are being filed without any careful consideration and the lust of money and other extra marital affairs cannot be ruled out as the wife become entitle for the alimony irrespective of duration of the wedlock whether it is for few minutes or few years. Most of the custody issues arises for the child if borne out of wedlock which results into torturing of few days to few months old child as the child is being used as shuttle cock and trump cards. Why not judicial authorities consider the custody of the child to the partner who does not need any financial support for taking care of the child. If the wife is not able to maintain the child, the custody should be given to the husband. It may be possible if the judicial authorities stop succumbing to the pressure of the women meeting their demand of alimony or the maintenance allowance, this would not only put a stop on the break down of the marriages but also save the child from the trauma it has to undergo in the courts and damage the future of the child. Let courts come out with a formula that there shall not be any custody to the partner who demands money and alimony from the other partner. Time has come to review such proceedings in the interest of the child and future of the country which ultimately would reduce the cases of breakdown of matrimonial alliances. The legislature has also failed to address such problems arising out of misuse of the law provisions. There is a need immediately for the legislature to get awakened and bring out a suitable legislation compromising on their personal interest.