Advocates:
For the Appellants/Petitioners: MS MEGHA JANI, MR HRIDAY BUCH
For the Respondents: MR MUKESH PATEL, MR NISHITH M PANDIT

What is the ordinary custody arrangement for a minor child under five years?

Key Points: - Custody of minor child under five years is ordinarily with the mother unless substantial evidence proves otherwise, prioritizing child's welfare over unsubstantiated allegations (!) [p_5.1][p_8.17] - Husband failed to substantiate claims of wife's mental instability and misconduct with credible evidence; custody granted to mother [p_8.1][p_8.17] - Husband obtained child's custody through deceitful means before filing application and ex-parte injunction, which was criticized by the court [p_5.4][p_8.2][p_8.3] - Family Court's order granting custody to husband quashed; husband directed to return child to wife forthwith, with police assistance if needed [p_8.17] (!) - Evidence like medical reports and videos produced by husband had discrepancies, lacked proper certification, and were not contemporaneously relevant [p_5.15][p_8.1][p_8.3] - Wife's detailed reply denying allegations and explaining documents was not adequately considered by Family Court [p_8.53][p_8.55] - Application for declaration and injunction to retain custody held maintainable only with shown cause of action, not imaginary fears [p_8.3][p_8.45] - Husband knew wife's history since 2010, married her despite alleged issues, with no post-marriage complaints until custody dispute [p_8.1][p_8.41][p_8.46] - Visitation rights to wife previously granted but not fully observed; stay of custody restoration order rejected [p_8.10] (!)

What is the ordinary custody arrangement for a minor child under five years?