Bombay High Court: Religion Cannot Override The Welfare of A Child In Custody Disputes

The Bombay High Court held that religion cannot override the welfare of a child in custody disputes, rejecting a father's habeas corpus plea for access to his three-year-old daughter from her mother’s custody.

He argued that, as per Muslim law, he is the natural guardian and alleged that his wife’s career and international travel made her an unsuitable guardian. 

Dismissing these claims as disputed facts, the high court held that a young girl’s custody lies with the mother unless proved otherwise.

It extended its interim order preventing the child’s removal from India by 60 more days, allowing the father to pursue proper legal proceedings under the Guardians and Wards Act.