Custody battle: Telangana High Court orders maternal grandma to return baby to father

The order added that “It is evident that the respondent no 5 (maternal grandmother) continues to forcibly detain the minor child without any justification. The only justification, as orally submitted…is that the petitioner has remarried…hence, there is a likelihood of the detenu(baby) not receiving proper care…and the detenue being taken away from the respondent would cause emotional trauma to the detenue.” 

Justices Moushumi Bhattacharya and Renuka Yara heard a matter over custody of a minor baby.

Dead wife, one baby, two claims

According to the facts, the man married the woman on May 11, 2022, and they had a baby boy on January 5, 2026. The mother died on March 31, 2026, due to terminal illness, and after her death, the maternal grandmother requested that the father permit the 7-month-old baby to stay with her for a few days. The father accepted her request and sent the baby to stay with her for a few days.

However, the father alleged that the grandmother did not allow him or his parents to interact with the baby. He stated that she had illegally detained the baby. 

Advocates Krishnaveni Valavala and Jakkamsetti Ravinder, appearing for the father, submitted that he had spent Rs 73 lakhs on hospital expenses for treatment of his wife. After his wife died, the grandmother took the baby away for a few days and did not let him or his parents meet the baby. 

It was contended that when he went to visit the baby, the grandmother did not let him and his mother even touch the baby while he was suffering from a high fever. It was submitted that the father was concerned that the baby was not being properly looked after by the grandmother. 

It was also highlighted that on July 10, the father found out that the grandmother had vacated her residence and moved to an undisclosed location with the baby without informing him, which caused him deep distress. 

Advocate R K Bhatia, appearing for the grandmother, submitted that the father had remarried and there was a chance of the child not receiving proper care and that being taken away from the grandmother would cause emotional trauma to the baby.

Baby to biological father

The court did not find any argument made on behalf of the grandmother tenable or justified for depriving the father of the custody of his child, allowed the father’s petition, and directed the grandmother to hand over the baby to his father. It also noted that the grandmother was financially dependent on her younger daughter, whereas the father was an assistant manager at a bank.

The court held that the conduct of the grandmother, in changing her residence and shifting to an undisclosed location with the baby, without informing the father, reflected unreasonable and suspicious behaviour. It said that such behaviour suggested that she intended to prevent the father from interacting with his own child.