Bombay High Court Slams Family Court Judge Who Denied Urgent Hearing For Medical Custody Of Child To Undergo Open Heart Surgery

"It is unbecoming of a Judge," remarked the Bombay High Court on May 27 while noting that a Family Court Judge did not grant any urgent hearing to a plea filed by a man seeking interim medical custody of his minor son, who is supposed to undergo an 'open heart' surgery.

Single-judge Justice Rohit Joshi also expressed shock over the conduct of the man's wife (child's mother), who opposed the plea for interim custody and also the request for urgent hearing. 

The bench noted that in such a "serious matter" like the instant one, where a child of less than two years of age was required to undergo an open heart surgery, the Family Court Judge has not deemed it appropriate to take the case on board to consider as to whether the prayer for interim custody on medical ground should be granted or not.

"The conduct of the judge to say the least, is unbecoming of any judge. Equally shocking is the conduct of the respondent – mother, who is opposing the prayer for interim custody, despite specifically admitting that the child is required to undergo the said operation," the judge observed in the order. 

Notably, the bench was dealing with the father's plea, who challenged a Family Court's May 17, 2025 order refusing urgent hearing of his petition for interim custody of the minor son. The child's open heart surgery is scheduled in the first week of June 2025.

As per the husband, the child born on September 21, 2023, is presently in the custody of his (petitioner's) estranged wife. He highlighted the fact that the wife lives in Kaij Tehsil in Beed district, which is around 200 kms away from the MGM's Medical Centre & Research Institute Super Specialty Hospital in Aurangabad. He therefore, moved a petition seeking interim medical custody of the son citing urgency, however, the Family Court Judge in Kaij refused the request and adjourned the hearing of the same till the culmination of the ongoing summer vacations. 

Having noted the conduct of the wife and also of the judge, Justice Joshi asked his staff to cross check with the concerned hospital if the child actually requires undergoing an open heart surgery. It was reported that the the surgery has been scheduled in the first week of June 2025. The judge, therefore, quashed and set aside the May 17, 2025 order of the Family Court.

"Having regard to the urgency in the matter, the application for interim custody of the child filed in the said proceeding is allowed. The respondent - mother is directed to place the child in custody of the father in Aurangabad tomorrow i.e. on May 28 for the purpose of undergoing surgery as recorded. The child will be in custody of the father during the course of hospitalisation and the mother will get custody of the child subject to further medical advise since the mother stays at Kaij, which is at a distance of 200 km from Aurangabad," the judge ordered. 

Appearance:

Advocate MP Gandle appeared for the Petitioner.

Case Title: SGT vs NST (Writ Petition 6663 of 2025)

Click Here To Read/Download Order