Kutch Widow Approaches Gujarat High Court for Custody of Six Minor Children Held by Eldest Daughter

In a complex legal fight over child custody and alleged financial betrayal, a 38-year-old widow from Gujarat’s Kutch district has moved the Gujarat High Court to regain custody of her six minor children from her eldest daughter and son-in-law.

The petitioner, a resident of Dhrab village in Mundra taluka, filed a habeas corpus petition through advocate A. A. Zabuawala after a local magisterial court previously rejected her plea. Responding to the petition, the High Court has issued formal notices to the 22-year-old eldest daughter, her husband, and state authorities, directing them to submit their responses by 8 September.

Family Rifts and Allegations of Misappropriated Funds
According to court filings, the petitioner has one daughter from her first marriage and six minor children—two sons and four daughters ranging between three and 14 years of age—from her second marriage.

Tensions within the family initially surfaced in 2023 when the eldest daughter eloped, married her partner, and set up a separate household. Following the death of the petitioner’s second husband on 6 June 2025, the daughter reconciled with her mother and invited her, along with the minor siblings, to live with the couple.

However, the arrangement collapsed within months. The mother alleges that her daughter exploited her vulnerable state following her husband’s death to gain unauthorized control of her bank accounts. The petition alleges that the daughter deceitfully withdrew and misappropriated approximately ₹15 lakh from the accounts without her consent.

Lower Court Decision and High Court Challenge
When the petitioner decided to move out of the daughter's home, the couple allegedly refused to let her take the six minor siblings.

In December 2025, the mother approached the Judicial Magistrate First Class (JMFC) court in Mundra, seeking custody and a search warrant under Section 97 of the Code of Criminal Procedure (CrPC). The magisterial court dismissed her application in January, reasoning that the minors were not under illegal detention and noting that the children had expressed a preference to stay with their elder sister.

Challenging that ruling in the High Court, the mother’s counsel argued that as the natural guardian, she holds primary legal entitlement to custody. The petition specifically contested the magistrate’s findings, pointing out that the youngest child is just three years old and lacks the maturity to make an informed decision regarding guardianship.