MUMBAI, May 6 -- A person with a mental illness is not disqualified from taking custody of a child unless it is proved that the illness endangers the child's welfare, the sessions court said recently while granting temporary custody of a minor boy to his mother. The court made the observations while dismissing an appeal filed by the child's father against a magistrate court's order directing him to hand over the custody of his child temporarily to the mother, his estranged wife, till May 15. The mother, a 45-year-old woman, had filed a plea at the magistrate court under the Protection of Women from Domestic Violence (DV) Act. The father, in his appeal, had alleged that his son was already in his custody, and that the magistrate court had failed to consider the child's welfare while granting his estranged wife temporary custody. The 48-year-old man alleged that transferring the child without proper psychological or welfare assessment of his mother could cause trauma or instability to the minor. His lawyer also submitted that the child does not wish to reside with his mother, who allegedly has a mental illness. After the father failed to abide by the order, the magistrate court asked him to appear before the court along with his son on April 15. This prompted the man to approach the sessions court in appeal. The mother then opposed the plea, submitting that her estranged husband's allegations regarding her mental health were unsubstantiated, false and defamatory. She added that she was able to meet her son only during vacations because she lives far away from her estranged husband. The sessions court observed that the magistrate court interacted with the child, considered his best interest and welfare, and directed the parties to undergo mediation before passing the order. It added that the magistrate court granted the mother temporary custody due to an educational course being undertaken by the child and natural affection of the mother. The court also ruled that the issue of the mother's alleged mental illness was not supported by cogent medical evidence. "Further, a parent suffering from mental illness is not per se disqualified from custody, unless it is shown to be of such nature so as to endanger the welfare of the child," said the court. "In the present case, the minor is nearing adulthood, and the order is only for temporary custody," observed additional sessions judge DG Dhoble, in an order passed on April 30. He added that the power of temporary custody is discretionary in nature and cannot be interfered in appeal unless it is manifestly illegal....