Welfare of Child Overrides Personal Law: Bombay HC Allows Muslim Mother Custody of 9-Year-Old

The Aurangabad bench of the Bombay High Court has ruled that a child's welfare takes precedence over personal laws, allowing a Muslim mother to retain custody of her 9-year-old son.

Justice SG Brahme observed that, although Muslim personal law grants custody to the father after age seven, the child's emotional bond and comfort with his mother must prevail.

The Court criticised the Family Court's rigid approach and found no evidence that the father could provide a better environment. Despite the mother violating interim orders, the Court prioritised the child's well-being, setting aside the lower court's decision.