Bombay HC Grants Minor Girl’s Custody To Mother Facing Trial In Husband’s Murder Case; Cites Child’s Welfare And Best Interests

Mumbai, June 11: The Bombay High Court has granted custody of a minor girl to her mother, who is facing trial for allegedly conspiring with her paramour to murder her husband, observing that it was in the best interest of the child.

Court Cites Child’s Welfare And Safety

A bench headed by Justice Sarang Kotwal, on June 9, noted that the girl had allegedly been sexually assaulted by her paternal uncle while staying with her father’s relatives following her mother’s arrest last year. In such circumstances, the court held that it would be in the child’s best interest to reside with her mother and receive emotional support from her.

Mother Seeks Custody

The mother, Rajshree Bharat Ahire, had moved the High Court seeking custody of her daughter, who had been living with her paternal aunt since Rajshree’s arrest. Rajshree pointed out that after she was granted bail earlier this year, custody of her two younger children had already been restored to her.

In her plea, Rajshree alleged that her daughter was sexually assaulted by her paternal uncle at the residence where she was staying. A criminal case has since been registered in connection with the allegation. She contended that, considering the trauma suffered by the child, it would be in her best interest to live with her mother.

The court also took note of the fact that the girl herself wished to stay with her mother, despite being a witness in the murder case.

Background Of Arrest And Bail

Rajshree was arrested in August 2025 along with her alleged paramour, Chandrashekhar Padayachi, for the murder of Bharat Ahire. She was granted bail by the High Court in January 2026.

One of the bail conditions barred her from contacting witnesses in the case. However, Rajshree informed the court that the bail order had subsequently been modified to exclude her daughter, from the restriction so that the child could reside with her.

High Court Grants Custody

Accepting the submission, the High Court held that the welfare and best interests of the child would be served by placing her in her mother’s custody and accordingly directed that the girl be handed over to Rajshree.

Details Of The Murder Case

According to the prosecution, Bharat Ahire was assaulted by Padayachi after confronting him over his alleged relationship with Rajshree. The police claim that instead of immediately taking her injured husband to hospital, Rajshree kept him at home as his condition deteriorated.

The couple’s 12-year-old daughter eventually informed her paternal relatives, who rushed Bharat to a hospital, where he later succumbed to his injuries.

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Investigators further alleged that Rajshree initially claimed her husband had suffered injuries in a motorcycle accident. However, the daughter later disclosed the alleged incident to relatives and subsequently to the police, leading to the registration of the murder case.

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