The Bombay High Court set aside a District Court order and granted interim custody of a 5½-year-old girl to her biological mother. Justice S.G. Chapalgaonkar emphasized that unless the welfare of the child is demonstrably at risk, the natural guardian particularly the mother cannot be denied custody.
The dispute arose following the death of the petitioner’s ex-husband. At the time, the minor child was living with her paternal grandparents. The petitioner, invoking her rights as the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, sought interim custody through the District Court at Mukhed. However, her application was dismissed based on concerns raised by the respondents about her conduct, living conditions, and alleged inability to provide a suitable environment for the child.
On appeal, the High Court underscored that the mother’s role in the nurturing and emotional well-being of a girl child is irreplaceable, especially at such a tender age. It held that the objections raised by the grandparents lacked substantive evidence and were insufficient to override the petitioner’s legal status as the natural guardian.
While granting custody to the mother, the Court also took into account the bond developed between the child and her grandparents due to the extended period of their care. Accordingly, The Court directed the petitioner to file an undertaking before the District Judge to ensure visitation rights for the respondents. They were permitted to meet the child every Saturday and Sunday from 10 a.m. to 6 p.m., as well as on birthdays and festivals.
Justice Chapalgaonkar thus allowed the writ petition and ordered the grant of interim custody to the petitioner, balancing both the legal framework and the best interests of the child.
Appearances:
For Petitioner: Mr. S.R. Bagal, Advocate
For Respondent: Mr. U.B. Bilolikar, Advocate
