Biological Father Entitled To Custody Of Minor Son Over Grandmother: Bombay High Court In Habeas Cor

Bombay HC: Father’s Right to Child Custody Prevails Over Grandmother

 

In a heart-touching yet firm ruling, the Bombay High Court held that the biological father’s right to custody of his child is superior to that of the paternal grandmother, even if custody proceedings are pending before a Family Court.

 

A Division Bench of Justices Ravindra V. Ghuge and Gautam A. Ankhad allowed a habeas corpus petition filed by Pravin Nathalal Parghi, directing police to hand over custody of his five-year-old son, Lavya, from the grandmother to the father.

 

Background

 

Parghi, father of twin boys born through surrogacy in 2019, had one son in his care while the other remained with the grandmother due to health concerns at birth. Over time, disputes escalated, and despite pursuing custody through the Family Court, his pleas and notices for his son’s return failed. Left with no option, he moved the High Court.

 

Arguments

 

Father’s case: As the natural guardian, he has the rightful claim to custody, is financially stable, and is already caring for the other twin who has cerebral palsy.

 

Grandmother’s case: The parents had earlier called the twins a “burden” and voluntarily left Lavya with her. She alleged the father lacked emotional and financial capacity and was motivated by a property dispute.

 

 

Court’s Observations

 

The bench ruled that habeas corpus is maintainable in custody disputes when a child is illegally withheld. Referring to SC precedent, it held that the father’s legal right as a biological parent cannot be overshadowed by emotional bonds with the grandmother.

 

The Court noted the grandmother, aged 74, herself sought maintenance from the father and therefore could not claim a stronger right than the child’s parent.

 

Verdict

 

The High Court ordered police to hand over Lavya to his father within two weeks, while ensuring the child’s welfare remained paramount. To ease the transition, the grandmother was granted visitation rights on weekdays for three months.

 

The judgment balanced law and compassion—affirming that while grandparents play a vital role, the biological parent’s right to custody remains paramount unless proven unfit.

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