Sheetal Hemant ManeversusHemant Prakash Mane

                                                      43-REVN-38-2026 (CR).docx


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
                CR. REVISION APPLN. NO. 38 OF 2026
Sheetal Hemant Mane                                       ...Applicant
               VERSUS
Hemant Prakash Mane                                    ...Respondent
                             ——————
Adv. Avesh Ghadge a/w Aditya Ghadge, for the applicant.
Adv. Vijay V. Patil and Aditya Rakatade, for the respondent no.1.
Mrs. S. N. Deshmukh, APP for the respondent-State.
                             ——————
                                Coram : RAJESH S. PATIL, J.

                                    Date      :   SEPTEMBER 3, 2026.

P. C. :

             “Behind every claim for custody lies not merely a

             contest between two parents, but the larger

             question of who can best secure the care, dignity,

             emotional well-being and future of the child.”

1.        The Court cannot remain ignorant to the realities of life which

confront a woman who, while striving to secure the future of her

children, is simultaneously required to attend to the necessities of her

own day-to-day existence. A recent incident reported from Beed district

illustrates this reality, where a widowed mother, driven by the need to

support the education of her daughter, participated in a three-kilometre

race wearing a saree and running barefoot, with the prize money of


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Rs.3,000/- becoming a means to contribute towards her children’s

educational needs. Such instances are a reminder that the struggle of a

mother to raise and educate her children is not always reflected merely in

figures placed before the Court; behind those figures often lies a

continuing endeavour to balance limited means against the ever-growing

necessities of food, shelter, education and a dignified existence. It is in

this backdrop that the present case is required to be appreciated.

2.    The present Criminal Revision Application is filed by the

Applicant, who is the wife of Respondent No.1, challenging the

impugned judgment passed by the learned Sessions Judge in a

Criminal Appeal filed under the Domestic Violence Act, whereby the

Sessions Court set aside the order passed by the learned Judicial

Magistrate First Class, by which interim custody of the two minor

children, viz : daughter (12 years) and the son (6 years) , was

granted to the father till the final disposal of the proceedings, and

the Applicant-wife was granted visitation rights.

3.    The Applicant has filed a DV complaint under Section 12,

seeking reliefs under Sections 18 to 23 of the Domestic Violence Act.

In the said DV proceedings, an interim application has been moved

by the Applicant-wife seeking custody of her two children, namely,


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the elder daughter aged 12 years and the younger son aged 6 years.

The said application was allowed by the learned Judicial Magistrate

First Class after he had interviewed both the children.

4.    Being dissatisfied, the Respondent-husband challenged the

order of the learned Judicial Magistrate First Class before the

Sessions Court, and the Sessions Court, without interacting with the

children, came to a finding that the order passed by the learned

Judicial Magistrate was perverse, as the Applicant-wife did not have

an income source and the allegation of the Applicant-wife about an

extra-marital affair of the husband with a lady would not affect an

interim application for custody of the minor children.

5.    It is the case of the Applicant-wife that this is an interim

application for custody. She has         recently joined service of a

company called “Royal Fruits Company” and gets salary of

Rs.13,000/- per month. So also, her parents and her two married

brothers are staying together, and both the brothers have taken the

responsibility of her, as also her two children emotionally and

financially.

6.    The children of both her brothers are around the same age as



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her children. Therefore, they all would be enjoying each other's

company, as the Applicant is, staying with her brothers and parents.

7.    Both her children were studying in Jayawant International

School, which was a CBSE Board school at village Vatar. However,

after the Applicant and Respondent No.1 started staying separately,

Respondent No.1-husband, who is always under the influence of

liquor and also has an extra-marital affair, removed both the

children from that school and put them in a State Board school

known as Tarangan English School at village Wing.

8.    It is also alleged that Respondent No.1, under the influence of

liquor, used to occasionally physically abuse the Applicant. He was

also not able to pay the school fees of the school where both the

children had been admitted by him against her wishes. That fact has

been admitted by him in his reply.

9.    So also, he himself, on a stamp paper, has admitted and

acknowledged that he has an extra-marital affair. With this kind of

situation, it cannot be said that both the children would be in a

healthy environment.

10.   The ages of the children are such that the daughter, being just



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at the age of puberty, will require more company of her mother, and

the son, being only 6 years old, would also require the company of

his mother. Therefore, this Court should consider this fact and the

view taken in judgment delivered by the learned Single Judge of

this Court in Mukhtar vs. Habibah & ors, reported in 2024 SCC

OnLine Bom 2888, and the judgment delivered in Abhishek Chavan

vs. Dr. Gauri Chavan on 21st July 2023 in Writ Petition No.2048 of

2023.

11.     In response to the argument made on behalf of the Applicant-

wife, the learned counsel appearing for Respondent No.1-husband

submitted that the issue about Respondent No.1 having an extra-

marital affair and regularly being under the influence of liquor are

all allegations, which are denied by him. He submitted that both the

children are happily staying with him and their grandparents, who

are taking care of them with love and affection. The present school

of the children is just roughly 100 to 150 metres away from his

residence.

12.     The Applicant does not have an income source to take care of

the educational and other expenses of the children. Hence, this



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Revision Application needs to be rejected, as the Sessions Court, by

a well-reasoned order, has reversed the order passed by the learned

Magistrate.

13.   Before this matter was argued today before me, I had

interacted with the counsel appearing for both sides, the Applicant-

wife and Respondent No.1-husband, and separately with the two

children, the parents of Respondent No.1-husband and the two

brothers of the Applicant. All my efforts to amicably resolve this

issue was not fructified. However, while I interacted with both the

children, who are aged 12 years and 6 years, I personally am of the

opinion that both the children were tutored, by the Respondent

No.1-husband.

14.   As far as the brothers of the Applicant are concerned, they

both agreed and orally gave an assurance/undertaking that they

would take care of their sister, who is the Applicant herein, and also

of her children. They do not require any kind of alimony or

maintenance from Respondent No.1 for their sister or towards her

children.

15.   As far as the parents of Respondent No.1 are concerned, I



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interacted with them and, according to me, they are helpless. As far

as a healthy environment for the upbringing of the children is

concerned, it is Respondent No.1 who has, on a stamp paper,

admitted that he has an extra-marital affair.

16.   Apart from that fact, there are NCs made by the Applicant

before the police complaining about the manner in which

Respondent No.1 has treated her, when she had caught Respondent

No.1 red-handed with a lady. Therefore, there is no doubt that

Respondent No.1 has an extra-marital affair with a lady.

17.   As far as his drinking habit of Respondent No.-husband is

concerned, the same has been denied by his counsel. In these

circumstances, in my view, if the custody is given to Respondent

No.1-husband, there is a likelihood that they would not be in a

healthy environment.

18.   As far as education is concerned, both the children were

studying in a school which was a CBSE school earlier, and from last

one year, they have been shifted to a State Board school. There is a

document on record by way of a reply filed by Respondent No.1-

husband, wherein he states that there were a few instances of



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default in payment of school fees.

19.   The fact again remains that the Applicant is the mother of

both the children. The elder girl is aged 12 years and is about to

attain her puberty age. The boy is as young as 6 years. Again, in my

view, both the children will require their mother more than their

father.

20.   This Court, in the judgment of Mukhtar (supra), in paragraph

13, has considered the aspect of better company and care.

Paragraph 13 of the said judgment reads as under:

      “13. So far as better company and care is concerned, it is seen that
      almost every member in the family of the husband is occupied in the
      business. There is only grand-mother of the children who is in the
      house for whole day. In the house of the wife, she is always at home.
      She stays with her parents. There are other relatives in the family. So
      far as deprivation of the company is concerned, it needs to be noted
      that both the parties are staying in the same town. Distance between
      the houses of husband and wife is not more than 2 km. Thus,
      visitation by parent would not be much difficult. Husband can always
      meet children at convenient place. Husband and wife are related to
      each other even prior to marriage. One more factor needs to be
      considered is that there is one female child who is staying with
      mother. If all the siblings stay together it would help children in
      growing together. Being female child she requires care and attention
      of the mother. Under Muslim Law, custody of the children below 7
      years is required to be with the wife.”

21.   Similarly, in the judgment of Abhishek Chavan (supra), the

Court has held that while considering the issue of custody of a

minor, the paramount consideration is the welfare of the minor.



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22.    Paragraph Nos.18, 19, 21 and 22 read as under:

      “18. It is now well settled position in law that while considering the
      issue of custody of the minor, the paramount consideration is the
      welfare of the minor. Viewed from that aspect, considering the age and
      gender of the child and taking into consideration the facts of the case,
      in my view, at this stage, it is in the welfare of the child that the
      interim custody is granted to the mother. As indicated above the
      comfort of the child is one aspect of the welfare of the child. The word
      “Welfare” is to be understood in the widest sense taking within its fold
      the physical and mental well being, health, comfort and overall social
      and moral development of the child. All that is essential for a well
      balanced upbringing of the child amounts to welfare of the child.

      19. It needs to be borne in mind that the girl child aged about 8 years
      would be undergoing hormonal changes and also physical changes
      and as such much care has to be taken during this phase of growth of
      the girl child and the paternal grand mother or the paternal aunt
      cannot be a substitute to the mother who is also a qualified doctor.
      During this phase of life, the girl child requires care and attention of
      a women who would be better equipped to understand the process of
      transformation which the girl child will undergo and as such, the
      mother at this stage is preferred against the father.

      21. Apart from the allegations as regards the mood swings of the child
      and reluctance to meet the mother there is no reason which has been
      brought to fore so as to set aside the order of interim custody which
      has been handed over to the mother. The only serious allegations are
      about her adulterous relationship which at this stage are only
      allegations and is to be proved during the evidence. In that context if
      the Respondent can be provided with weekend overnight access and
      visitation rights, then it does not appeal to reason that the same
      person cannot be granted interim custody of the child.

      22. Before considering the decisions relied upon by the parties, it may
      be noted that the common thread that runs through all these
      decisions is that it is the welfare of the child which is of paramount
      consideration. In my opinion, in matters regarding custody of the
      child, each case is required to be decided on its own merits as little
      change in facts may make a sea of difference. Turning to the decision
      of the Apex Court in the case of Sheila B. Das Vs. P. R. Sugasree, in
      that case the Family Court had directed to the mother to hand over
      the custody of the child, who was at per-puberty stage, to the father
      which was upheld by the High Court. In that case an application came


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      to be filed by the mother of the child under section 7 and 25 of the
      Guardians and Ward Act which came to be dismissed as against which
      the SLP was filed before the Apex Court. In that case, the contention
      was that the minor girl was of tender age and the appellant there in
      who was also a doctor would be better equipped to take care of the
      child. The Apex Court reiterated the well settled principle that the
      paramount consideration in such cases was the interest and well-
      being of the minor child. The Apex Court in facts of that case
      observed that after obtaining the custody of the minor child the
      respondent does not appear to have neglected the minor and to look
      after her needs and the child will happy in the respondents company.
      The Apex court also considered that no allegation other than the
      fathers purported apathy toward the minor has been leveled against
      the respondent. In that facts of the case, the Apex court held that the
      interest of the minor child would be best served if she remains with
      the father with the sufficient access to the respondent mother. In my
      reading of the said decision, the child was given in the custody of the
      father as there was no allegations as against the father that he was
      ineligible to look after the minor child and as regards the girl child
      attaining age of puberty the respondent father there in had arranged
      for his elder sister to come and stay with her and to attend the minor
      child during her. In the facts of the present case, apart from the
      allegations of adultery which has been made there is no allegation
      that the respondent mother has been negligent in taking care of the
      child after the custody was handed over. In my opinion, the issue has
      to be decided in facts of each case and there cannot be in strait jacket
      formula as regards the custody of the child.”

23.    In my view, the findings recorded in the above-referred

judgments are squarely applicable to the present proceedings.

24.    The Trial Court had interacted with both the children and was

of the view that the custody of both the children should be given to

the Applicant-wife, who is the mother of both the children.

Similarly, I had also interacted with both the children, apart from

the parents of both the children, the grandparents of both the



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children and the two maternal uncles of both the children, and I am

of the view that both the children were tutored. After considering all

the facts, according to me, for their better future and looking into

the aspect of a better environment, the custody of the children

should be with the Applicant, who is the mother of both the

children.

25.   What assumes significance is that the wife is not before this

Court seeking any maintenance or alimony for herself. Her claim, as

urged, is confined to seeking the custody of the minor children. Her

decision to take up employment, therefore, cannot be viewed as a

circumstance operating to her prejudice. On the contrary, it reflects

her endeavour to contribute, to the best of her ability, towards the

upbringing, education and welfare of the children whose custody

she seeks.

26.   This   Court   has   taken   into   consideration   the    overall

circumstances in which the wife is seeking the custody of the minor

children. The wife does not seek to secure custody as a means of

obtaining financial support or any monetary advantage from the

husband, she by not claiming maintenance or alimony for herself.



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27.   Hence, I am of the opinion that the learned Sessions Judge

had passed an order without considering the law on the subject and,

even on facts, there were mistakes. It is completely a perverse

judgment; hence, it requires to be quashed and set aside.

28.   In view of the same, this Revision Application is allowed, and

the impugned judgment and order dated 7th April 2026 passed by

the learned Additional Sessions Judge, Karad, in Criminal Appeal

No.75 of 2025 is quashed and set aside, and the order dated 5th

December 2025 passed by the learned 3rd Judicial Magistrate First

Class, Karad, Taluka Karad, District Satara, is confirmed.

29.   Respondent No.1 is hereby directed to hand over the custody

of both the children, viz., Aaradhya and Rajvardhan, to the

Applicant, who is the mother of both the children, on 9th September

2026 at 5:00 p.m. at the Karad Taluka Police Station, in the

presence of the Officer-in-Charge of the said Police Station.

30.   The Officer-in-Charge of Karad Taluka Police Station, after

handing over the custody of the two children to the Applicant, shall

file his report, which should be submitted to this Court by 11th

September 2026.



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31.   The learned APP will convey this order immediately to the

Officer-in-Charge of Karad Taluka Police Station.

32.   At this stage, the learned counsel appearing for Respondent

No.1-husband has sought visiting rights in respect of both the

children.

33.   The request made by the learned counsel appearing for

Respondent No.1, in my view, is a fair request, and the same can be

considered by this Court. Hence, Respondent No.1-husband is

permitted to visit and meet both the children on every Sunday from

8:00 a.m. to 5:00 p.m. This arrangement will continue till the final

disposal of PWDVA No.101 of 2025, which is pending before the

learned Judicial Magistrate First Class, Karad, Taluka Karad, District

Satara.

34.   On all such visiting days, the respondent No. 1 will visit the

place of residence of parents of applicant and will collect both the

children from there and will leave them back at the same place at

5:00 p.m. on those visiting days.

35.   All concerned to act on authenticated copy of this order.


                                               (RAJESH S. PATIL, J.)


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