Gujarat High Court: Separation Deed Cannot Override Mother’s Child Custody Rights up to Age 5

The Gujarat HC ruled that a Hindu mother’s right to custody of her child up to five years old cannot be defeated by a settlement deed between parents.

The case involved a mother whose daughter had lived with her since the couple’s separation. The father later took the child without formal consent, prompting the mother’s habeas corpus petition. 

The HC held that the father’s unilateral action was unjustified. For granting custody of young children, child welfare and continuity of care should be prioritised over informal agreements.

The court ordered that the minor be restored to the mother’s custody, allowing the father to pursue formal custody orders in the appropriate court.

[Kinjal D/O Hareshkumar Panchal v. State Of Gujarat & Ors.]