Bombay High Court: Child’s welfare has upper hand over personal law, grants custody of 9-year-old minor to the mother

In a case concerning custody of a 9-year-old son, Single Judge Bench of Shailesh P. Brahme, J. held that when the personal law is pitted with comfort and welfare of the child, latter would have upper hand, quashing the order granting custody to the respondent-father, granting him only visitation rights with temporary custody.

[X v. Y, 2025 SCC OnLine Bom 2721].