Child custody often used as weapon or leverage in marital disputes: Gujarat High Court

In a significant ruling emphasising the welfare of a minor child, Gujarat High Court has directed that the custody of a 4-year-old girl be handed over to her mother. The decision came in response to a habeas corpus petition filed by the mother seeking custody of her daughter from her estranged husband.

A division bench of the high court observed that custody battles in marital disputes often turn the child into a 'weapon' and a means of leverage to secure favourable outcomes. Such approaches, the court noted, cause unnecessary trauma to the minor, who may not even comprehend the nature of the litigation or whether the conflict serves their best interests.

The court highlighted that the child had lived with her mother from May 2024 until July 2025—approximately 14 months—during which she was around 3 years old. This extended period, the bench reasoned, would have fostered a strong bond between mother and daughter.

By transferring the custody to the father, it would be basically forcing an entirely new and strange ecosystem on the child and she would be forced to face people who are basically strangers to her, the court stated.

Referring to the proviso to Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the court pointed out that the mother is the natural guardian of a girl child under 5 years of age. The law recognises that a young girl can be more effectively and practically cared for by her mother than by her father.

The bench added that it is a matter of common sense that a father may not be able to provide the same level of care to a child below 5 years as a mother can.

The marital discord between the couple surfaced in May 2024, when the wife separated from her husband and moved to her parental home along with the then 3-year-old daughter. The mother alleged that she was coerced into signing a separation deed under false promises that custody of the child would be immediately restored to her. However, after she signed, the husband and his family allegedly refused to hand over the child.

The husband contended that the marriage was voluntarily dissolved on July 11, 2025, through a customary separation deed, under which the wife had agreed to transfer custody of the daughter to him.

While granting custody to the mother, the court allowed the father visitation rights every weekend on Saturday and Sunday from 3 to 5 pm at the wife's residence, ensuring unhindered access during those hours.

The bench further kept open the option for the father to approach the appropriate Family Court to seek custody, provided he can demonstrate that it would be in the child's best interests and that he is better positioned to ensure her welfare.