Never Beat Anybody

There was a couple married for quite some time and they had a boy of 5-6 years old. Their relationship was turning sour.

So finally it reached such a stage that they thought it was better for them to be divorced than carry on such a relationship.

So they consulted a lawyer. But the big question was who would have the kid. In the hearing in the court; it was decided that this choice should be left on the kid.

So the judge asked "Son would you like to stay with your mummy?"

Kid said, "No, mummy beats me."

So the judge asked "Then, would you like to stay with your papa then?

Kid said, "No, papa beats me."

Now the judge was in a dilemma and was not able to decide what to do... after pondering for some time he smiled with the ideas he had in his mind about the child.

And he gave the judgment that the kid would stay with.

Any guesses?