Mother granted child's custody for 'better well-being' despite personal laws

The Aurangabad Bench of the Bombay High Court on Tuesday overturned a lower court's decision granting custody of a nine-year-old boy to his father, ruling that the child’s well-being would be better ensured if he stayed with his mother.

The case involved a custody battle between a couple living separately since 2020. The mother has been living in Karnataka's Bidar with the child, while the father lives in Maharashtra's Latur.

In December 2023, a family court in Nilanga granted custody to the father, citing concerns about the child’s living conditions with the mother, including overcrowding, possible neglect, and allegations that she was in a relationship with another man.

The father argued that under the Muslim personal law, the child should be in his custody after the age of seven. He referred to religious principles that differentiate between upbringing and physical custody, stating that, as per tradition, a father has the final responsibility for a male child after a certain age.

The mother, however, denied the allegations and said she had been caring for the child’s health and education while also managing a small clothing business. She also alleged harassment by her in-laws.

Justice Shailesh Brahme, who heard the case, acknowledged that under personal law, custody usually goes to the father after the child turns seven. However, he emphasised that a child's emotional comfort and overall well-being must be held paramount.

The judge spoke with the child in private and found that the boy was emotionally attached to his mother and strongly refused to live with his father.

While there were some inconsistencies in the mother’s statements and documents, the court concluded that they were not serious enough to strip her of the child's custody.

"Though the law may technically support the father’s claim, the child’s happiness, health, and emotional security with his mother must take priority," the court said.

The High Court granted the father visitation rights but allowed the mother to retain full custody of the child.

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