The Bombay HC grants custody of a daughter to her mother, reaffirming that after the father, the mother is the natural guardian under Indian child custody law.
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MUMBAI: In a crucial ruling, the Aurangabad Bench of the Bombay High Court recently granted custody of a five-year-old girl to her biological mother, affirming the mother’s status as the natural guardian after the demise of the father, in line with the provisions of the Hindu Minority and Guardianship Act.
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The case revolved around a 25-year-old woman who had filed a plea challenging an April 2025 order of a district court, which denied her custody of her minor daughter.
Following a mutual divorce, the woman had agreed to allow her then one-year-old daughter to remain with her husband and his parents. However, the father passed away in January 2025. The paternal grandparents then moved the court to be appointed as legal guardians of the child.
Opposing this application, the mother sought custody, asserting her improved financial stability and expressing concerns over the grandparents’ advancing age and their ability to meet the emotional and physical needs of a growing child.
Observation of the Court
Justice S.G. Chapalgaonkar, presiding over the matter, noted the legal provisions under the Hindu Minority and Guardianship Act, which state that the natural guardian of a minor child is first the father and, in his absence, the mother. The court emphasized,
“Legally speaking, the minor girl child should be given in the custody of the mother unless it is established that she has adverse interest or incapacity to secure the welfare of the child.”
Importantly, the court highlighted that a mother’s role in the upbringing of a young girl is irreplaceable, stating,
“When it comes to a girl child aged about five years, the Courts cannot be oblivious of the fact that it is the mother who can be the best person to have custody. The care and support by the natural mother to a child is unparalleled and cannot be replaced by anyone else.”
The High Court also addressed the argument that the mother had renounced custody at the time of divorce, clarifying that her decision was driven by her financial dependency on her own parents and lack of an independent income. It was not a case of abandonment but rather a decision made in the child’s best interest at the time.
While granting custody to the mother, the court acknowledged the emotional bond the child may have developed with her grandparents, given that they had nurtured her in the years following the divorce. Hence, the court allowed the grandparents the right to visit the child once or twice a week, ensuring continued familial contact and emotional continuity.
Case Title: Parvati vs Vyankat & Others
WRIT PETITION NO. 6529 OF 2025
READ JUDGMENT HERE
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