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Bombay High Court Orders Grandmother to Return 5-Year-Old’s Custody to Father Within Two Weeks

The bench held that emotional attachment cannot outweigh a natural guardian’s right absent proof that parental care would harm the child.

Overview

  • A division bench of Justices Ravindra Ghuge and Gautam Ankhad issued the direction after the grandmother declined to hand over the boy.
  • The court found no marital discord or incapacity, noting the father is employed with Mumbai’s civic body.
  • Judges said a property dispute between the father and his parents cannot justify withholding the child from his biological parent.
  • Police were asked to assist in securing custody transfer, and the grandmother received visitation rights.
  • The child had lived with his paternal grandmother while his parents cared for his twin brother, who has cerebral palsy.