Temporary custody of a minor child may be granted to a biological parent for a limited duration for specific family events, distinguishing such short-term visitation from permanent custody where the child's wishes carry more weight.

ORAL ORDER

1 This petition is filed with the following reliefs:

“7…

A. Your Lordships may be pleased to quash and set aside the order dated 17.01.2026 passed by the Learned Family Judge Gandhinagar in CMA SC 31 of 2025 annexed at (Annexure A colly);

B. Pending admission and final hearing, Your Lordships may be pleased to stay the operation, execution and effect of the interim order dated 17/01/2026, passed by the Learned Family Judge, Gandhinagar, in interim application filed by respondent in CMA SC 31 of 2025 Annexed at (Annexure A colly);

C. Your Lordships may be pleased to direct the respondent to maintain status quo with respect to the custody of the minor child Mahimna;

D. Your Lordships be pleased to grant such and further relief/s as may be deemed fit in the interest of justice.”

2 Heard the learned advocate Mr.Prakash Joshi for the petitioner.

3 Learned advocate Mr. Joshi submits that the child is about 11 years of age and has been continuously residing with the mother for the last three years. It is further submitted that the direction to hand over temporary custody of the child for attending the marriage of the respondent–father’s brother was passed without ascertaining the wishes of the child. It is therefore contended that the impugned order, whereby the learned Family Court has directed handing over of the custody of the child from 04.02.2026 to 06.02.2026, deserves to be set aside.

4 Learned advocate Mr. Joshi has relied on the decision of the Apex Court in Nil Ratan Kundu and Another v. Abhijit Kundu , rendered in Civil Appeal No. 4960 of 2008, and submitted that when the child himself has expressed unwillingness to accompany the father, it is not open for any Court to direct handing over of custody, even for a temporary period.

5 Having considered the arguments advanced by the learned advocate Mr. Joshi and on referring to the reasons recorded, it emerges that for seeking permanent custody, Criminal Misc. Application No. 31 of 2025 has been filed before the learned Family Court at Gandhinagar. During the pendency of the said application, an application at Exhibit-9 came to be filed stating that there is a marriage ceremony of the real brother of the father, i.e. the uncle of the minor child, scheduled from 03.02.2026 to 07.02.2026, and in support thereof, the invitation card was placed on record.

5.1 The learned Court, considering the fact that the respondent, being the biological father of the minor child, has an equal right over the minor son, allowed temporary custody of the child for a period of three days, i.e. from 04.02.2026 to 06.02.2026. The learned Court has further recorded that during the course of hearing, the father had invited the appellant-petitioner to accompany the child during the marriage ceremony.

6 In the opinion of this Court, no error has been committed by the learned Trial Court in granting temporary custody of the child for a period of three days, i.e. from 04.02.2026 to 06.02.2026, on the occasion of the marriage of the child’s uncle. As the father had undertaken the responsibility to take due care of the child during the said period, this Court is not inclined to interfere with the impugned order. Consequently, the petition being devoid of merits deserves to be dismissed.

7 The judgment relied upon by the learned advocate Mr. Joshi was rendered on entirely different facts. In the case before the Apex Court, the mother of the child had been murdered by the in-laws and the custody of the child was handed over by the learned Family Court to the grandparents. In that factual background, and after ascertaining the wishes of the child, the Apex Court declined to grant permanent custody to the respondent-father.

8 In the instant case, the custody was handed over to the biological father only for a limited period of three days, and that too for the purpose of attending the marriage of the uncle of the child. Hence, the said judgment would not render any assistance to the learne