Case:- Pravin Nathalal Parch vs State of Maharashtra
Citation:- 2025:BHC-AS:37140-DB
Date:- 04.09.2025
Bombay High Court Bench:- Justice Ravindra Ghuge and Justice Gautam Ankhad
A child’s custody cannot be given to his grandparents just because there is an emotional attachment and the same does not confer any ‘superior’ right’ to custody over that of the biological parents, the Hon’ble Bombay High Court held while allowing a father’s habeas corpus plea to get the custody of his son.
- In the present case it was about twin boys born in 2019. One stayed with the parents and the other with grandparents after the father got a Brihanmumbai Municipal Corporation job. Later, relations turned sour, and the grandparents refused to give back the child.
- The father filed a habeas corpus petition seeking custody of his son. The Hon’ble Court said the biological father is the natural guardian and has a clear legal right to custody.
- The grandmother argued that the father was not financially and emotionally capable, but the Court rejected this. The Hon’ble Court clarified that parents’ custody can only be denied if it harms the child’s welfare.
- The Hon’ble Court noted there was no marital discord, the father was employed, and he was already taking care of the other twin who has cerebral palsy. Disputes over property or quarrels with grandparents cannot deprive parents of custody. The 74-year-old grandmother, who herself had filed for maintenance, had no legal right to keep custody.
- The Hon’ble Court finally ordered the grandmother to hand over the child to his parents.
