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

“There is absolutely nothing to suggest that the petitioner (mother) is unsuitable in any manner to take care of her children. In fact, as against the grandparents, the mother would have preference in the custody of the children unless it is found that for certain reasons she is wholly incapable of looking after the children,” the Augsut 12 order read. 

‘Son expressed desire to live with mother’

The woman claimed that she married her late husband in May 2020 and the couple had a son in February 2021 and a daughter in November 2025. Her husband died in December 2025, following which, she alleged, her father-in-law behaved with her in an “unbecoming manner”.

She claimed that she was forced to leave the matrimonial home in June 2026 along with her newborn daughter, while her in-laws retained custody of her five-year-old son.

According to the woman, her son subsequently contacted her and expressed his desire to live with her. She claimed that when she sought his custody, the grandparents refused to hand him over, prompting her to approach the authorities and subsequently file a habeas corpus (to have the body) petition before the high court. The mother was represented by advocate Ankit Kharbanda.

Justice Jasjit Singh Bedi held that it would be in the interest and welfare of both children to live together with their mother.

The paternal grandparents, represented by advocate Manoj R Sharma, disputed her allegations and argued that she had not been thrown out of the matrimonial home. They claimed that the family was on a vacation in Shimla around the relevant period and relied on photographs in support of their contention.

They further argued that the welfare of the child was paramount and that he had been admitted to a reputed school in Batala. Removing him at this stage, they contended, would disrupt his academic progress, routine and emotional stability.

The court found no evidence that suggests the woman was not fit to take care of the child and accordingly allowed the mother’s petition and directed the paternal grandparents to hand over the boy’s custody to her. It also directed the Senior Superintendent of Police, Gurdaspur, to ensure compliance and submit an affidavit to the court within one week of the custody being handed over.

However, the court clarified that the mother must grant the paternal grandparents access to the child, subject to the convenience of the mother and in-laws, and, importantly, the welfare of the child.