The Aurangabad bench of the Bombay High Court has granted custody of a five-year-old girl to her mother, observing that under the Hindu Minority and Guardianship Act, the mother becomes the natural guardian of a minor child after the father's demise.

Justice SG Chapalgaonkar, who delivered the judgment on Tuesday, emphasized that unless it is clearly demonstrated that a mother is incapable or acting against the welfare of the child, she is entitled to custody.

The ruling came in response to a plea filed by a 25-year-old woman challenging a district court’s April 2025 order that had denied her custody of her daughter, who had been living with her paternal grandparents since the death of her father in January.

The woman, who had mutually divorced her husband when their daughter was a year old, had initially agreed to let the child remain in the father's custody. After the father's death, the grandparents sought legal guardianship of the child. Opposing their application, the mother argued that the grandparents, due to their advancing age, would find it difficult to care for the child, whereas she was now financially stable and capable of providing a nurturing environment.

The High Court noted, “When it comes to a girl child aged about five years, the Courts cannot be oblivious of the fact that it is the mother who can be the best person to have custody. The care and support by the natural mother to a child is unparalleled and cannot be replaced by anyone else.”

The Court further clarified that a mother’s earlier consent to the child staying with the father at the time of divorce, especially when she was financially dependent, could not be construed as abandonment.

While handing over custody to the mother, the Court directed that the paternal grandparents should be allowed to visit the child once or twice a week, ensuring continued familial bonds.