Mother Entitled to Child’s Custody After Father’s Death: Bombay High Court

The Bombay High Court set aside a District Judge’s order denying interim custody to a mother after her husband’s death, holding her to be the natural guardian under Section 6(a) of the HAMA. 

The child’s parents had divorced by mutual consent in 2024, and custody remained with the father. After his death in January 2025, the child stayed with his paternal grandparents, who sought legal guardianship.

The Court said custody must go to the mother unless she’s proven unfit, which wasn’t shown. The Court noted her improved financial stability and access to better education for the child.

The court granted interim custody to the mother, ensuring visitation rights for the grandparents maintain familial bonds.