Mother Wins Custody of Daughter After High Court's Landmark Ruling

In a significant judgment, the Aurangabad bench of the Bombay High Court has awarded the custody of a five-year-old girl to her mother. Previously living with her paternal grandparents, the court asserted the legal precedence of the mother as the natural guardian following the father's death.

Justice S G Chapalgaonkar highlighted that according to the Hindu Minority and Guardianship Act, the mother is recognized as the natural guardian of a minor child following the father. The court stated that this custody arrangement should only be challenged if evidence of adverse interest or incapacity to ensure the child's welfare surfaces.

This ruling overturns an earlier decision by a district court rejecting the mother's application for custody. The mother, who is now financially stable, argued that she could better cater to her daughter's needs compared to the aging grandparents. The court also facilitated weekly visits by the grandparents to maintain family bonds.

(With inputs from agencies.)