'Mother's love alone not enough for child custody', says Bombay HC

In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot rely solely on the love and care provided by the child’s mother. The case was brought to the court by a father in 2020, who sought custody of his 3-year-old child born in the United States. The father aimed to take the child with him to the USA. The court ordered the mother to return custody of the child to the father within 15 days, stressing that custody decisions should prioritize the child’s well-being. The court stated, “When determining the best interests of the child, it’s not just about the love and care of the primary caregiver, in this case, the mother. It’s about ensuring the child’s fundamental rights, identity, social welfare, and physical, emotional, and intellectual development. The views of both parents must be considered.” The couple married in March 2010 and moved to the USA in June the same year, becoming permanent residents in October. Their child was born in December 2019. In December 2020, the mother brought the child to India and cut off contact with the father. In response, the father reported the child’s abduction to the US Embassy in India and filed the present petition. Side by side, the mother filed for divorce and accused the father of domestic violence in India. However, a US court granted the father irrevocable custody in April 2021. The High Court observed that the mother’s actions in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes. In response, the court invoked “parent patriae jurisdiction” to ensure the child’s best interests. It acknowledged that the father could provide a good life in both the USA and India, including health benefits due to the child’s US citizenship. Considering the father’s work flexibility, his skills as a cricket coach, and the child’s entitlement to US healthcare, the court found it in the child’s interest to return to the USA. The court emphasized that since both parents had chosen US citizenship for the child, the mother couldn’t unilaterally decide to keep the child in India. Apart from the child’s tender age, the court found no other factors in favor of the mother and allowed the father’s petition with certain conditions.