‘Working woman taking help of parents to raise child cannot be termed as illegal confinement’: Gujarat HC dismisses habeas corpus petition of govt officer against wife
The Gujarat HC observed that in homes of working couples, ‘the difficulties of raising a child by themselves would also assume great significance and would be beset with a lot of difficulties.’
Stating that a working woman seeking help from her parents to raise her child in a secure atmosphere cannot be termed as “unlawful confinement” by a disagreeing husband, the Gujarat High Court Friday dismissed a habeas corpus petition of a man, who sought that his minor daughter be “set at liberty” from the “illegal custody” of her maternal grandparents.
In a 10-page judgment, a division bench comprising Justice N S Sanjay Gowda and Justice D M Vyas held that “merely because it was not acceded to by her husband,” the custody of a minor child handed over to her maternal grandparents by “a mother, due to work constraints or otherwise for the benefit of the child’s upkeep… can never amount to either unlawful custody or illegal confinement.”
The high court observed that in homes of working couples, “the difficulties of raising a child by themselves would also assume great significance and would be beset with a lot of difficulties.”
The order of the HC states that “the husband cannot be permitted to say that such a kind of custody amounts to illegal custody or amounts to unlawful confinement” if a working woman decides to take the help of her parents to ensure that her child is brought up in a secure environment.
The high court was hearing the petition of the father, which stated that both he and his wife were working in senior government positions in Gujarat. After their daughter was born in 2019, the father was transferred to Morbi on promotion, following which, the mother sought transfer and was posted at Mandvi near Morbi and subsequently to Bhachau in Kutch district, at her request, to stay closer to the father of the child. In 2021, the father was also transferred to Bachau and, consequently, they started living together.
Marital discord
The court order noted that “marital discord started” between the couple at this stage, and in August 2023, the mother took the minor daughter to Mehsana, where her parents were living. The court, while dismissing the petition, also noted that the father had issued a legal notice to the mother in October 2024, after about a year of residing separately, “calling upon his wife to agree to the dissolution of their marriage by mutual consent”. In August 2025, the mother filed a complaint against the father alleging domestic violence.
In his submissions before the court, the advocate for the father submitted that he should be given the custody of the daughter as his parents could take care of the child, while the counsel for the mother submitted that it is contended in law that the natural guardian of a 5-year-old child would always be the mother.
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The court also noted that the mother and father were “educated and employees of the Union and the State Government,” who had undergone counselling after a September 2025 order of the high court, following which the father was granted visitation rights. The court order stated that the order to facilitate visitation was with “the fond hope that there could be a reconciliation between the mother and father,” and despite the meetings going well, the petition was moved seeking custody of the child by the father.
The court held that since “the mother and father are at loggerheads and the child is being used as a weapon in their battle, in our view, it would be appropriate to permit either of the parties to approach the Family Court to seek… custody of the child.”
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
