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MP High Court Grants Mother Custody After 5-Year-Old Chooses Her
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News18•26-09-2026, 13:42
MP High Court Grants Mother Custody After 5-Year-Old Chooses Her
- •A five-year-old child in the Madhya Pradesh High Court chose to live with his mother over his father during a custody hearing.
- •Justices G.S. Ahluwalia and Anuradha Shukla granted permanent custody to the mother, prioritizing the child's preference and safety.
- •The child expressed feeling loved by his mother, who had temporary custody since September 21.
- •The father, a laborer earning ’10,000 monthly, admitted to drinking, and the paternal grandmother refused to care for the child in his absence.
- •The court cited Supreme Court decisions, emphasizing that child custody must consider the child's comfort, happiness, health, education, and overall well-being, not just parental rights.
Key Questions Answered
The Madhya Pradesh High Court granted permanent custody of the 5-year-old child to his mother after the child stated he wanted to live with her and the court concluded he would be safer in her care.
The habeas corpus petition filed by the child's mother seeking custody was heard by Justices G.S. Ahluwalia and Anuradha Shukla.
Supreme Court rulings establish that child custody cannot be decided solely on parental legal rights, but must prioritize the child's comfort, happiness, health, education, mental development, and overall environment.
