The Bombay High Court on Friday ruled that a woman who left her minor daughter’s custody with her husband during a divorce did not mean she abandoned the child.

The Aurangabad bench of the Bombay High Court granted the mother interim custody of her five-and-a-half-year-old daughter, overturning an earlier rejection by a lower court.

Justice SG Chapalgaonkar said the mother, as the child’s natural guardian, has a legal right to custody unless it is proven that doing so would harm the child’s welfare.

The woman had divorced her husband in 2018 by mutual consent. At that time, the father was granted custody of the child, with his mother helping raise her.

Following the father’s death in January 2025, the mother sought custody from the District Court in Mukhed, which rejected her plea. The paternal grandparents then filed a separate application for the child’s guardianship.

The woman’s lawyer, SR Bagal, argued that the mother was the only surviving natural guardian and better equipped to raise the child. He said the grandparents were elderly, had health issues, and lived in a rural area with limited education facilities.

The grandparents, represented by advocate UB Bilolikar, claimed the child was better adjusted with them and that shifting custody could disturb her well-being. They also alleged the mother had abandoned the child after the divorce.

The High Court disagreed, stating that leaving the child with the father at the time of divorce — when the mother had no income and was dependent on her own parents —did not amount to abandonment. The judge noted that the mother had since become financially independent through her business.

The court acknowledged the grandparents’ role in caring for the child but emphasised that this could not override the mother’s rights. “A mother’s care is irreplaceable,” the judge observed, adding that no evidence showed she was unfit to raise the child.

To preserve the child’s emotional bond with the grandparents, the court directed the mother to ensure they have regular access on weekends and holidays.

– Ends

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