The Aurangabad Bench of the Bombay High Court has ruled that upon a father’s death, the mother is the child’s natural guardian, not the paternal grandparents. This decision prioritizes the mother’s rights and responsibilities towards her child, emphasizing her role as the primary caregiver.
The petitioner had married Vitthal Shinde in 2018. The couple later obtained a divorce by mutual consent in July 2024, with custody of the child remaining with the father, based on an undertaking by the paternal grandmother to care for the child. Following the father’s death in January 2025, the child continued to reside with her paternal grandparents, who applied to be declared her guardians. The petitioner simultaneously sought custody but was denied interim relief by the District Judge.
The High Court invoked the statutory scheme under Section 6(a) of the Hindu Minority and Guardianship Act,1956, which provides that in the case of an unmarried girl, the father, and after him, the mother, is the natural guardian. The Court stated Sub-clause (a) of Section 6 clearly stipulates that in case of an unmarried girl, the father and after him, the mother is natural guardian of minor legally speaking, the minor girl child should be given in custody of mother unless it is established that she has adverse interest or incapacity to secure welfare of minor.
Relevant Court Decisions:-
Parvati vs. Vyankat & Anr: The Bombay High Court granted interim custody to the mother, emphasizing her role as the natural guardian and prioritizing the child’s welfare.
In a similar case, the Himachal Pradesh High Court ruled that the mother is entitled to custody of her minor children after the father’s death, unless declared incompetent or disentitled.
Implications:-
Mother’s Authority: This ruling reinforces the mother’s authority as the natural guardian, allowing her to make decisions regarding her child’s upbringing and well-being.
Best Interests of the Child: The court’s focus on the child’s welfare ensures that the child’s needs are prioritized in custody decisions.
the Court took note of the emotional bond between the child and her grandparents and directed the mother to file an undertaking before the District Judge ensuring regular access. The Court also permitted the grandparents to seek temporary custody during vacations and festivals, to be determined by the District Judge on application.
The Bombay High Court’s ruling reaffirms the mother’s paramount role as the natural guardian of her child upon the father’s death, prioritizing the child’s welfare and the mother’s rights. This decision provides clarity on custody matters, emphasizing the mother’s authority and responsibility in making decisions for her child’s well-being.
