Division Bench of Justices B H Marlapalle and D B Bhosale also suggested that Rishi Nandlal (46), deposit Rs 5 lakh in the name of his son and pay Rs 5,000 monthly for his maintenance. Also, he has to pay Rs 10,000 as monthly maintenance to wife Deepti (34), the court said.

"This is the proposed order and if Rishi is agreeable to the order, this will be final. If not, the matter will be argued further on September 10," said Deepti's lawyer Mukhesh Vashi.

The couple moved the court, disputing over the custody of their child following a divorce suit filed by Deepti before the family court earlier.

The judges on Friday spoke to the child in their chamber before arriving at the decision.

Earlier, the court had said that the father should have access to the child and should carry the educational burden of their son. The judges had allowed Rishi to meet his son for the time he was here in the city and, as a condition, asked him to deposit his passport with the court.

As of now, the father may not get the custody of the child but he can visit the child, the court further said.

In the long vacations, the child can spend half the time with each parent but within the city.

During this time and whenever Rishi takes the kid for an overnight stay, he will have to deposit his passport with the court, Vashi said.

Alleging ill-treatment, Deepti had left Rishi's house in South Africa and come to Mumbai to reside with her family.

The boy, who was born on July 16, 2004 in Durban, South Africa, was living there till December 2006 when he came to Mumbai with his mother. Within eight days of their arrival, she filed a petition for his legal custody and divorce from Rishi.