Bombay High Court: Emotional bond does not confer superior right to custody over that of biological parents

5-year old’s custody to grandmother, denied In a habeas corpus petition filed to seek the custody of child from her paternal grandmother, by the petitioner-biological father of the child, the Division Bench of Ravindra V. Ghuge and Gautam A. Ankhad*, JJ., opined that welfare of the child is of paramount importance in the custody dispute therefore, emotional bond with the child does not confer upon her a superior right to custody over that of the biological parent.

Thus, the Court directed the police to take the custody of the child from the grandmother and hand him over to the father. The Court also gave directions to smoothen transition for the child while giving visitation rights to the grandmother for three months.

[Pravin Nathalal Parghi v. State of Maharashtra, 2025 SCC OnLine Bom 3100, decided on: 4-9-2025].