Mumbai, April 29, 2025 — In a pivotal child custody verdict, the Family Court of Mumbai has granted custody of two minor children to their father, following a protracted legal battle and non-cooperation from the mother. The order, issued by Hon’ble Judge Govind G. Vayal on April 28, 2025, under Section 12 of the Guardians and Wards Act, affirms that the welfare of the children remains paramount in all custody decisions.
The petitioner, Vijay (name changed to protect the identity), had approached the court on July 12, 2023, seeking permanent custody of his son and daughter, aged 11 and 9 respectively. He was represented by Advocate Deepak Agnihotri, a leading child custody lawyer in Mumbai, specializing in child custody disputes. The couple, who married in 2011, had lived in both India and abroad before separating in 2022. Despite the breakdown of the marriage, Vijay continued to actively support the children’s education and well-being, including paying for their schooling at a reputed international school in Vikhroli, Mumbai.
Repeated Absence and Non-Cooperation from the Respondent Mother: The Respondent, Aarti (name changed), failed to appear before the court despite multiple summons. As a result, the court proceeded ex parte on November 22, 2023. Efforts by court-appointed professionals to counsel the children and conduct home visits were consistently obstructed. A counsellor appointed by the court faced resistance while visiting Aarti’s residence, with incidents of non-cooperation and alleged threats to involve law enforcement reported in court records.
The court noted that such actions potentially created a hostile and unstable environment for the children, raising serious concerns about their mental and emotional safety.
Father’s Stable Living Conditions and Parental Conduct Recognized: Conversely, the home study report conducted at Vijay’s residence provided a contrasting picture. He was found to have a stable monthly income, a supportive family setup, and a child-friendly home located close to the children’s school. The report described Vijay as emotionally nurturing, financially responsible, and deeply involved in his children’s upbringing.
The proximity to the school and support of his elderly parents were additional factors that weighed in his favour during the court’s assessment of the best interest of the children.
Court’s Emphasis on Welfare and Development of Children: In its detailed judgment, the Family Court Mumbai emphasized the critical developmental stage of the children and the need for a secure, cooperative, and nurturing environment. Judge Vayal observed that while the father exhibited traits of affection, responsibility, and routine care, the mother’s conduct—marked by avoidance of legal proceedings and aggression toward court officers—demonstrated emotional instability.
The court concluded that the father was better equipped to ensure the emotional, educational, and psychological well-being of the children.
Directions for Compliance and Final Order: Accordingly, the court ordered that custody of the children be transferred to Vijay within two months of the judgment date.
A Victory for Responsible Parenting and Child Welfare: This verdict highlights the judiciary’s commitment to child-centric justice and sends a strong message that custody rights must align with the welfare of the child, not just parental preference or entitlement.
Legal experts note that the judgment sets an important precedent in child custody matters, especially when one parent is found to obstruct judicial processes or fails to create a supportive environment for the children, especially in both local and NRI divorce and child custody battles. The case underscores that under the Guardians and Wards Act, custody is not merely a legal claim—but a fiduciary responsibility evaluated in the child’s best interest, as reinforced by the petitioner’s counsel, Advocate Deepak Agnihotri, whose submissions emphasized the best interest of the child.
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