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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
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 custody of minor Sanvi along with an application at Exhibit-5 for interim custody. Learned District Judge, Mukhed vide impugned order dated 22.04.2025 rejected application for interim custody. Hence, present writ petition.
4. Mr. Bagal, learned advocate appearing for petitioner submits that minor Sanvi is aged about 5 ½ years. After death of her father,
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 ....
Point of Law : Custody of minor daughter - Visitation rights - Merely because appellant is natural guardian of his minor daughter, issue of custody cannot automatically be decided in his favour - Wel....
The welfare of the minor child is paramount in custody disputes; legal rights of parties are secondary to ensuring a nurturing environment for the child's growth.
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