‘Child Welfare Paramount’: Bombay HC Denies Interim Custody Of 11-Year-Old Girl To Biological Parents

Mumbai, September 15, 2026: The Bombay High Court has ruled against granting interim custody of an 11-year-old girl to her biological parents. Justice NJ Jamadar stated that moving her after nearly ten years could significantly impact her emotional well-being and stability. The child, 'Y', has been living with the respondent and his wife since she was just two months old and has expressed her clear preference to remain with them.

The court dismissed a petition from the biological parents seeking interim custody. The parents had contested the District Court's decision, claiming that the child had only been entrusted to them. However, the family court had already ruled that the child had been given to the respondent in adoption in January 2015. The High Court acknowledged that the opposing claims would be examined by the District Court after the collection of evidence.

The paramount consideration for the court was the welfare of the child, who had been in the respondent's care since infancy without any objections for several years. The High Court only addressed the issue of interim custody and directed the District Judge to expedite the main custody application, ideally within six months. The biological parents would maintain visitation rights, with the child to be met every Friday and Saturday for three hours at a location to be determined by the District Judge.