The Bombay High Court has ordered a man to immediately hand over the custody of his one-year-old daughter to his estranged wife, emphasizing that a child’s best interests are served by being with the mother, particularly when the infant is still being breastfed.
The ruling was delivered by a bench of Justices S V Kotwal and Sandesh Patil on Tuesday while hearing a habeas corpus petition filed by the mother. The court directed the Vikhroli police in Mumbai to facilitate the transfer of the child from the father to the mother, noting that the woman had been forced to leave her matrimonial home due to physical assault.
The petitioner and the respondent were married in 2023. According to the woman’s plea, she was subjected to consistent physical, emotional, and mental cruelty since the beginning of the marriage. Matters escalated last month when she was allegedly physically assaulted by her husband and sister-in-law.
The woman claimed she had to flee the house to ensure her own safety. She further alleged that during the altercation, her sister-in-law snatched the child away, preventing her from taking her daughter along. Since then, the one-year-old infant had been in the husband’s custody.
The mother moved the High Court seeking a direction to the husband to return the child, arguing that the infant was still being breastfed and required her mother’s care for her well-being and development.
The husband opposed the plea on several grounds:
- He claimed the wife left the matrimonial home of her own volition and refused to cohabit.
- He argued that as the father, he is a “natural guardian” under the law.
- He contended that since he was gainfully employed and the wife was not, it was in the child’s best interest to live with him.
The bench dismissed the husband’s arguments, focusing primarily on the welfare of the child. The court noted that the husband’s employment actually worked against his claim for custody in this specific context, as his work commitments would prevent him from providing the constant care an infant requires. In contrast, the mother, currently residing with her parents, would be in a better position to look after the child.
Crucially, the court highlighted the biological and nutritional needs of the child. The bench observed:
“The child is dependent on the mother to some extent on breastfeeding. This is an important consideration.”
The court also scrutinized the husband’s conduct, taking note of WhatsApp messages he sent to his wife. The bench found that the messages contained “abusive and filthy language,” which supported the woman’s allegations of a hostile environment.
The High Court concluded that the woman did not leave the child willingly. “There is substance in the allegations of the woman that she was forced to leave her matrimonial house as she was scared for her safety,” the court remarked, adding that the child was snatched from her.
Reiterating that the “best interest of the child has to be considered first,” the High Court ruled that the custody must be handed over to the mother. The Vikhroli police have been tasked with ensuring the order is implemented and the infant is reunited with her mother.
