'Child's comfort important...': HC overturns custody order favoring father
The Bombay High Court just set aside a family court's order that gave custody of a nine-year-old boy to his father, stressing that the child's happiness and comfort matter more than strict personal law.
The mother had challenged the earlier decision, which was based on Muslim personal law usually favoring fathers after age seven.
Parents' divorce and initial custody battle
After marrying in 2010, the couple split in 2020 over claims of mistreatment.
The father accused the mother of neglect and got custody in late 2023, with visitation rights for her.
She appealed, and while things were being sorted out, the High Court let the child stay with his mom.
What the boy told the judge
Justice Shailesh P Brahme spoke directly with the boy and noticed he felt closer to his mom.
Since there wasn't a female guardian at his dad's place and emotional comfort mattered most, the court decided he should stay with his mother—even though tradition said otherwise.
Significance of this ruling
This ruling is a big deal because it puts kids' well-being above old legal customs.
It shows courts are willing to focus on what really helps children feel safe and supported—not just what laws have always said.