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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.Chapalgaonkar
Parvati @ Swati W/o. Vitthal Shinde – Appellant
Versus
Vyankat s/o Dattatray Shinde – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order regarding custody. (Para 1 , 2 , 3) |
| 2. arguments for and against custody determination. (Para 4 , 5) |
| 3. welfare of child is supreme consideration. (Para 6 , 8 , 9 , 11 , 12) |
| 4. natural guardianship and custody rights defined. (Para 7 , 10) |
| 5. writ petition allowed with conditions. (Para 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
S. G. Chapalgaonkar, J.
1. The petitioner impugns order dated 22.04.2025 passed by learned District Judge, Mukhed, District Nanded below Exhibit-5 in Civil Misc. Application No.04 of 2025.
2. The petitioner had married with late Vitthal Shinde in the year 2018. The couple was blessed with a daughter namely Sanvi. On 30.07.2024, couple divorced by mutual consent. Custody of minor Sanvi was maintained with husband on undertaking of respondent no.2 that she will take care of her.
3. Unfortunately, on 05.01.2025, petitioner’s husband passed away. Thereafter, respondents/paternal grandparents of minor Sanvi filed Civil Misc. Application No.02 of 2025 before learned District Judge seeking declaration of their appointment as guardian of minor. Immediately thereafter, the petitioner filed Civil Misc. Application No.04 of 2025 claiming
The mother holds precedence as the natural guardian of a minor girl unless it is demonstrated that her care would negatively impact the child's welfare.
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
In custody disputes involving minors under five, the court prioritizes the welfare of the child and generally favors maternal custody unless compelling circumstances dictate otherwise.
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
The welfare of the child is the paramount consideration in matters of custody, especially for minors below the age of 05 years, and the mother is ordinarily best suited to care for the infant during ....
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