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The High Court noted Maharashtra extends financial assistance under Ladki Bahin Yojana hence, it cannot deny salary grants to staff caring for children in need of protection, failing the test of reasonableness under Article 14.
“If it was really a case of disability of the petitioner, then she ought to have approached the Commissioner under the Disabilities Act, as it is the Commissioner who has the power under the said Act to grant appropriate relief.”
The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.