Mother Hiring Maid To Look After Child Not Ground To Deny Custody: Bombay High Court

A mother appointing a maid servant to take care of the child is not a ground to deny her the custody of the said child, the Bombay High Court held recently.

Single-judge Justice RM Joshi pointed out that appointing maid servants to take care of children is not an 'uncommon' practice. 

"For last about 8 months, the child is with mother. Nothing absolutely is brought on record to indicate that child's custody with the mother is not in his interest. It is sought to be argued on behalf of the petitioner (father) that the respondent (mother) is not personally taking care of the child and that she has appointed the maid servant for the said purpose and she claims maintenance from him on this ground. Even if it is accepted that a maid servant is engaged by the mother, it is not uncommon for a maid servant to be engaged where there is small child in the house. In such circumstances, the said fact, even if it is accepted to be true, will not become a ground to cause interference in the impugned order," Justice Joshi said in the order. 

The order pronounced on February 18, 2025 was recently available on the court's website. 

The judge by the instant order, dismissed the petition filed by a father challenging a January 30, 2024 order of a Family Court which granted interim custody of the couple's son to the mother. The said order was challenged by the father before Justice Joshi's bench. 

The father argued that the mother was under depression and thus was not capable to look after the child and thus, the child's welfare is being compromised. However, Justice Joshi noted the report from expert doctors, who examined the mother (on the orders of the HC) and found her to be normal.

Therefore, Justice Joshi found no material on record to substantiate the claims made by the father. 

Further, Justice Joshi also refused to interfere with the Family Court's order particularly to the part wherein the court imposed Rs 5,000 costs on the father for using 'inappropriate' language for the mother.

In the pleadings filed before the Family Court, the father had made certain 'objectionable' comments on the mother's inability to feed her milk to the child.

Taking objection to the language used in the pleadings by the father, the Family Court had observed, "The use of inappropriate and derogatory phrases/words in legal pleadings undermines the dignity of individuals, based on their gender, and falls beyond the permissible bounds of language expected in such pleadings. As such, for using such inappropriate language, some amount of costs needs to be imposed on the father."

Justice Joshi, after perusing the objectionable comments as recorded in the Family Court's judgment, said the court was 'lenient' in imposing such a meagre amount. 

"This Court finds that Judge of Family Court was lenient in in imposing cost of Rs. 5,000 only. In absence of challenge to the said portion of the order by the mother, this Court does not wish to enhance the said cost. Suffice it to say that there would be absolutely no reason or justification to cause interference in the impugned order. Hence, petition stands dismissed," Justice Joshi ordered. 

Case Title: SSK vs ASK (Writ Petition 1398 of 2024)

Counsel for father: Advocate RG Joshi 

Counsel for mother: Advocate PS Shendurnikar

Citation: 2025 LiveLaw (Bom) 198

Click Here To Read/Download Judgment