custody restoration Archives

Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

Case Briefs High Courts

Custody by CCI without judicial authorisation amounts to unlawful detention; Tripura HC restores minor’s custody to mother

“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”