Mother Is Child's Natural Guardian After Father's Death, Even If He Is Residing With Grandparents For A Long Time: Bombay High Court
The Bombay High Court has held that after the father's death, the mother becomes the natural guardian of a minor and cannot be denied interim custody unless there is clear evidence that her guardianship would be detrimental to the welfare of the child. The Court set aside an order of the District Judge denying interim custody to the mother and directed that the child be handed over to...
The Bombay High Court has held that after the father's death, the mother becomes the natural guardian of a minor and cannot be denied interim custody unless there is clear evidence that her guardianship would be detrimental to the welfare of the child. The Court set aside an order of the District Judge denying interim custody to the mother and directed that the child be handed over to her.
Justice S.G. Chapalgaonkar was hearing a writ petition filed by Parvati, a 25-year-old woman, challenging an order of the District Judge that had rejected her interim custody application in proceedings concerning her minor daughter Sanvi.
The child's father, Vitthal Shinde, had divorced the petitioner by mutual consent in 2024. At the time, custody of the child was retained by the father, with an undertaking from the grandmother that she would care for the child. After Vitthal's death in January 2025, the child continued to live with her paternal grandparents, who then applied to be declared legal guardians. The petitioner simultaneously sought custody of her daughter. The District Judge rejected her interim custody plea.
The High Court reversed the order of the district court, observing that the statutory scheme under Section 6 of the Hindu Minority and Guardianship Act, 1956, provided that the mother becomes the natural guardian after the father, and the law gives her precedence unless it is proved she is unfit:
“Sub-clause (a) of Section 6 clearly stipulates that in case of an unmarried girl, the father and after him, the mother is natural guardian of minor… legally speaking, the minor girl child should be given in custody of the mother unless it is established that she has adverse interest or incapacity to secure welfare of the minor.”
The Court noted that the welfare of the minor is the supreme consideration, though provisions of special statutes govern rights of parents or guardians. The Court also clarified that merely because the grandparents had nurtured the child for some years did not give them a superior right over the natural guardian. It observed:
“Merely because grandparents or other relatives had nurtured the child for some period, the natural guardian cannot be denied the right of custody of the child unless it is shown that the welfare of the minor would be jeopardise[d].”
The court noted that the mother is now engaged in business and has sufficient earnings to maintain herself and her child. However, recognising the emotional bond between the child and her grandparents, the Court directed the petitioner to file an undertaking before the District Judge to allow them regular access on weekends and during festivals and vacations.
Accordingly, the petition was allowed, and the mother was granted interim custody.
Case Title: Parvati @ Swati v. Vyankat & Anr. [Writ Petition No. 6529 of 2025]