MP High Court Hands Custody Of 3-Year-Old Child To Mother, Says Welfare Of Child Is Paramount

The Madhya Pradesh High Court has granted custody of a three-year-old child to his mother after observing in court that the child was eager to go to her lap, holding that his welfare would be best served in her care.

A division bench of Justice G.S. Ahluwalia and Justice Deepak Khot passed the order while hearing a habeas corpus petition filed by the petitioner-mother seeking custody of her minor son. The petitioner contended that the child was in the custody of her husband and sought the court's intervention to secure the child's return.

Appearing for the petitioner, Advocate Aditya Goyal argued that a habeas corpus petition concerning the custody of a minor child was maintainable in light of recent judicial precedents, including the Supreme Court's decision in Vivek Kumar Chaturvedi v. State of Uttar Pradesh and the Madhya Pradesh High Court's ruling in Sourabh Malpani v. State of Madhya Pradesh. The petitioner submitted that the paramount consideration before the court was the welfare of the child.

The matter came up before the Indore Bench where the husband, who was arrayed as respondent no. 7, appeared in person along with the child. Advocate Pawan Sharma represented the respondent-husband, while Government Advocate Aditya Garg appeared for the State authorities.

During the hearing, counsel for the respondent-husband submitted that the petitioner had voluntarily left the matrimonial home and had left the child behind. However, the court noted that no convincing argument was advanced to explain how the child's custody with his mother would be detrimental to his welfare or interests.

The court was informed that both the petitioner and respondent were serving as constables in the police department. It was further stated that the respondent-husband attended his official duties after leaving the child in the care of his mother, who is the child's grandmother.

A significant aspect of the case emerged when the minor child was brought before the bench. The judges personally interacted with and observed the child during the proceedings. The court recorded that the child repeatedly attempted to go to his mother's lap and appeared emotionally inclined towards her.

In a telling observation, the bench noted, "When the child was brought to the Court, then it was noticed that the child was adamant to go to the lap of his mother, but respondent no.7 was trying to divert the attention of the child."

The judges also emphasized the importance of maternal care and affection, particularly for a child of such tender age. Referring to the child's conduct in court, the bench observed that not only was the child approximately three years old and in need of his mother's love and affection, but his behaviour clearly demonstrated a desire to be with her.

Recording its conclusion, the court held, "Under these circumstances, this Court is of the considered opinion that it is for the welfare of the child that he should stay with his mother."

Accordingly, the High Court directed that custody of the child be handed over to the petitioner-mother. The transfer of custody took place in the courtroom itself, with the respondent-father handing over the child to the petitioner in the presence of the bench.

The court further clarified that the arrangement would continue unless modified by a competent court under any applicable law. It held that "unless and until any order is passed by a Competent Court under any provision of law, the custody of the child will continue with his mother/petitioner."

With these observations, the writ petition was disposed of, reinforcing the long-settled principle that in matters involving minor children, the welfare and best interests of the child remain the foremost consideration before the court.

Case title: Smt. Susheela Rawat v. The State of Madhya Pradesh and Others

Date of Order: June 8, 2026

Bench: Justice G.S. Ahluwalia and Justice Deepak Khot