‘Mother has preference over grandparents’: Court orders in-laws to hand over 5-year-old

In a recent court ruling, the Punjab and Haryana High Court has declared that a mother holds precedence over the paternal grandparents in a custody dispute, provided she is deemed capable of caring for the child, especially following her husband's demise. The court mandated the paternal grandparents of a five-year-old boy to relinquish custody to his mother, who had to leave her marital residence with her newborn daughter after her husband's death in 2025.

Justice Jasjit Singh Bedi emphasized that it would be in the best interest of both children to reside with their mother while permitting the woman's plea for sole custody of her five-year-old son. According to the August 12 order, the mother's suitability as a caretaker is not in question. The court noted that the mother's husband passed away in December 2025, and she was subsequently ousted from the matrimonial home in June 2026 along with her newborn daughter, while the paternal grandparents retained custody of her five-year-old son.

The woman alleged that her father-in-law treated her inappropriately, prompting her to seek the court's intervention. She also claimed that her son later requested to live with her, and she sought the custody of her son after the grandparents refused to hand him over. The mother was represented by advocate Ankit Kharbanda. The court found no evidence to suggest that the woman was unfit to care for the child, and thus, allowed her petition and directed the paternal grandparents to transfer custody to her.

The court also ordered the Senior Superintendent of Police, Gurdaspur, to ensure compliance with the court's decision. However, it clarified that the mother must still grant access to the paternal grandparents, subject to the mother's and grandparents' convenience, but primarily considering the child's welfare.