Mumbai, September 3, 2026: The Bombay High Court has set aside a Family Court order transferring the interim custody of a minor boy to his father, holding that the trial judge relied on “regressive” and “stereotypical” notions about a wife’s role instead of independently assessing the welfare of the child.
Mother Retains Child’s Custody
A division bench headed by Justice Bharati Dangre allowed an appeal filed by the mother and permitted her to retain custody of her son. The father, who lives in Singapore, has been granted access to the child once every three months and video conferencing access at least once a week.
The couple married in 2012 and their son was born in 2016. The family shifted to Singapore in 2022. Following matrimonial disputes, the mother returned to Pune with the child in March 2025, where the boy has since been living with her.
The father had sought interim custody and relocation of the child to Singapore. The matter was earlier remanded by the High Court to the Family Court for a fresh decision, with specific directions to focus on the welfare of the child rather than the disputes between the parents.
HC Criticises Family Court Observations
However, the High Court found that the Family Court had again “emphasized on the allegations and counter allegations” between the husband and wife and selectively focused on the perceived faults of the mother.
The bench was particularly critical of observations made by the Family Court judge regarding the mother’s alleged failure to perform the “pious duties of a wife towards her husband” and her role in “nurturing the home.” The Family Court judge had concluded that such concepts appeared “foreign” to the mother and remarked that “the future of the Child is not safe” in her company.
The HC said such observations were “unwarranted and unsubstantiated” and “regressive,” tending to reinforce stereotypical notions about matrimonial relationships.
“Judges, more than others, should be mindful of being circumspect about making such observations, unconnected with the facts involved,” the bench said.
Child’s Welfare Paramount
The court said the conduct of the husband and wife towards each other had little to do with the issue before the Family Court, which was required to independently assess the welfare of the child.
It also noted that the trial court had not identified any imminent danger or neglect that warranted immediately changing the child’s custody. The boy was well settled in Pune, attending school and had strong emotional bonds with his maternal grandparents, extended family and social circle, the court noted.
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Setting aside the May 16 order, the High Court said the Family Court had failed to independently assess the child’s “physical, emotional, educational or psychological welfare” and had instead relied on irrelevant considerations and preconceived notions.
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