'Emotional Attachment' Of Child With Grandparents Is No Ground To Deny Custody To Biological Parents: Bombay High Court

A child's custody cannot be given to his grandparents just because there is an emotional attachment and the same does not confer any 'superior' right to custody over that of the biological parents, the Bombay High Court held on September 4 (Thursday) while allowing a father's habeas corpus plea to get the custody of his son. 

A division bench of Justices Ravindra Ghuge and Gautam Ankhad noted that the petitioner couple was blessed with twin boys on November 12, 2019 and since the father (of the twins) replaced his own father in the Brihanmumbai Municipal Corporation (BMC) after the latter's retirement, the family agreed to keep one of the twins with the grandparents and one with the biological parents. However, with time, the relations of the child's parents with his grandparents, turned sour and thus, the parents started living separately from the grandparents, who refused to hand over the child's custody to his biological parents. 

"In our view, the Petitioner being the biological father and natural guardian, has an undisputed legal right to claim custody of his child. The contention of the grandmother that the Petitioner is emotionally and financially incapable of caring for the twins cannot be accepted. Custody cannot be denied on the basis of these allegations. Though grandmother may share an emotional bond with the child, such attachment does not confer upon her a superior right to custody over that of the biological parent," the judges held. 

While due regard must be given to the rights of the father and mother as the natural guardian, such rights may be curtailed only if it is shown that his custody would be detrimental to the child's welfare, the judges underlined.

Further, the bench noted that there was no marital discord between the parents of the twins and that the Petitioner father was employed with the BMC. There is nothing on record to suggest that the Petitioner is incapable of caring for his child. Significantly, the other twin, who suffers from cerebral palsy, is already in his care. The child cannot be denied the care of his parents merely because of disputes between the parents and the grandparents, nor can property-related disputes deprive the biological parents of their lawful custody," the bench observed.

Lastly, the judges emphasised that the old grandmother had no legal entitlement to retain custody of her grand-child vis-à-vis the biological parents, more so when she was 74 years of age and herself had filed a complaint seeking maintenance from the Petitioner.

With these observations, the bench ordered the grandmother to hand over the minor's custody to his biological parents. 

Appearance:

Advocates MJ Reena Rolland and Aishwarya Bhandary appeared for the Petitioner.

Additional Public Prosecutor Mayur Sonavane represented the State. 

Advocates Parul Shah and Pratibha Bangera represented the GrandParents.

Case Title: Pravin Nathalal Parch vs State of Maharashtra (Writ Petition 2374 of 2025)

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