Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 67 DV 2025 Rovina Vs Louis
CNR-MHMM18-006634-2025
ORDER BELOW EXH.10
1. The applicant has filed the present application seeking temporary
custody of the minor child Kiarra Gomes. The fact that Kiarra Gomes is a
minor child, is admitted.
2. The application at Exhibit–10 and the reply at Exhibit–12 have
been perused. The documents filed by both parties have also been
considered. Heard Ld. Advocates for both parties. This Court has
recorded the interaction with the minor child, Kiarra Gomes.
3. During the interaction, the child has voluntarily stated that she
desires to reside with her mother. She has further stated that her father
consumes liquor and uses bad language towards her. She has also stated
that, in the recent past, she has neither met her mother nor
communicated with her over phone calls. The demeanor and confidence
of the child during the interaction indicate that her statement has been
made voluntarily, freely, and without any fear, pressure, or coercion.
Hence, due weight is required to be given to her statement.
4. The medical documents produced by the applicant indicate that
the respondent is suffering from health issues due to consumption of
alcohol, and his medical insurance claim has also been rejected on
account of alcohol intake. The child is a 13-year-old girl, and considering
her age and gender, her welfare would be best served by residing with
her mother. The respondent is addicted to liquor, and therefore, custody
of the minor girl with him does not appear to be conducive to the
welfare of the child.
5. Under Section 21 of the Protection of Women from Domestic
Violence Act, 2005, temporary custody of a child can be granted to the
aggrieved person, who in the present case is the applicant.
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C. C. No. 67 DV 2025 Rovina Vs Louis
CNR-MHMM18-006634-2025
6. The respondent has made allegations that the applicant is having
an affair with another person. However, at this stage, these allegations
remain unsubstantiated and are not proved. Irrespective of such
allegations, the wish and welfare of the child shall remain the
paramount consideration.
7. Considering all these aspects, the temporary custody of the minor
child Kiarra Gomes deserves to be granted to the applicant till the final
disposal of the present case or till she attend the age of majority,
whichever is earlier. However, reasonable visitation rights can be
granted to the respondent. Accordingly, I proceed to pass the following
order :
ORDER
a. The application is allowed.
b. The respondent shall hand over the temporary custody of the
minor child Kiarra Gomes to the applicant within ten (10) days from the
date of this order till the final disposal of the present case or till she
attend the age of majority, whichever is earlier.
c. The respondent is permitted to meet the minor child Kiarra Gomes
on every Sunday at a place mutually agreed upon by both parties.
d. Both parties shall suggest above place today itself.
MUMBAI (GIRISH S. MANE)
DATE – 09.02.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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