The Bombay High Court recently ruled in favor of a mother regaining custody of her 5-year-old daughter after the child was allegedly taken away by the father without consent. The incident occurred on April 28, 2025, when the father, who works abroad, reportedly took the child from the mother’s residence. Initially, the police declined to register a complaint, citing the father’s equal parental rights. However, an FIR was eventually filed on April 30 against the father and his parents under relevant legal sections.

Concerned that the father might take the child out of the country, the mother approached the High Court. On May 13, the court directed the police to produce both the father and the child, which was accomplished by May 14. During the proceedings, both parents reached an agreement: the child would reside with the mother, while the father would have visitation rights every Saturday from 11 am to 6 pm and one weekday from 5 pm to 8 pm, provided prior notice is given and subject to the child’s school schedule.

This case underscores the judiciary’s emphasis on the child’s welfare in custody disputes, ensuring that both parents maintain a relationship with the child while prioritizing her best interests.

Sources