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Bombay High Court Reaffirms Child Welfare as Paramount in Custody Rulings

Recent decisions emphasize the child's welfare and expressed preferences, limit habeas corpus in custody disputes, and uphold statutory guardianship norms over personal laws.

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Mumbai, India - Aug. 28, 2015 : Bombay High Court : ( Photo by Bhushan Koyande )
Minor’s religion not decisive in custody cases, rules HC

Overview

  • The Bombay High Court dismissed multiple habeas corpus petitions, underscoring that child welfare and expressed preferences are central to custody decisions.
  • The Court ruled that habeas corpus is a summary remedy unsuitable for detailed custody evaluations, directing parties to pursue family court proceedings for comprehensive rulings.
  • In one case, custody of a 10-year-old boy remained with his father after the child expressed a clear preference to stay with him, citing fear of separation.
  • The Court upheld a mother's custody of her three-year-old daughter, rejecting claims that her profession as a social media influencer posed harm to the child, while maintaining restrictions on international travel without permission.
  • Judges reaffirmed that factors like religion, parental lifestyle, or personal laws cannot override the welfare of the child, aligning with secular legal principles and international child rights standards.