In a poignant ruling, the Bombay High Court on April 17 dismissed a petition to transfer a child custody case from Nashik to Chandrapur, emphasizing that the child’s welfare is paramount and outweighs jurisdictional concerns. The decision underscores the court’s commitment to prioritize a child’s emotional stability and well-being over legal technicalities.
The custody dispute involves an 8-year-old girl, whose mother tragically died in an accident on August 16, 2023. Following her mother’s death, the girl’s maternal aunt, Sonali Trushant Walde, initiated a guardianship petition in Nashik. The girl’s father, Dhananjay Pundlik Choudhari, sought to move the case to Chandrapur, arguing that it was the child’s last known residence and thus within the jurisdiction of the Chandrapur family court.
The case highlighted not only the tragic circumstances of the child’s current living situation but also ongoing marital discord between her parents prior to her mother’s demise, which had forced the mother to relocate to her parental home in Nashik. According to advocate Abhijeet Kandarkar, representing Walde, the child’s connection to Nashik, where she had been living and had found a stable environment, was substantial. Kandarkar argued that the minor’s relocation was not done secretively but was a necessary measure for her well-being.
On the opposing side, advocate Daksha Punghera, representing Choudhari, insisted that jurisdiction rightly belonged to Chandrapur, where the child had previously resided and was enrolled in school. Punghera claimed that the petition filed by Walde in Nashik was an attempt to surreptitiously gain custody.
Justice N.J. Jamadar, presiding over the case, pointed out that shifting the case to Chandrapur could cause undue trauma and inconvenience to the child. The court considered multiple factors, including the child’s current residence, the circumstances leading to her stay in Nashik, and her well-being, ultimately ruling in favor of keeping the case in Nashik.
