The case involved a Prayagraj-based advocate who married in 2019.
A daughter was born to the couple in 2022. According to the father, in 2023 his wifeโs brothers took her and the child to her parental home. The woman later died in 2024.
After his father-in-law and three brothers-in-law allegedly refused to hand over the childโs custody, the father filed a petition under Section 25 of the Guardians and Wards Act, 1890, read with Section 6 of the Hindu Minority and Guardianship Act, 1956.
The respondents opposed the plea, alleging that the father had subjected his wife to physical abuse and dowry-related harassment.
They also argued that the child had been living with her maternal grandfather since infancy and that the father was likely to remarry. The trial court dismissed the fatherโs petition, prompting him to file the present appeal before the HC.
During the proceedings, the HC noted that the child alternated between living with her maternal grandfather and a maternal aunt who already had five children, indicating that the respondents were not exclusively caring for her.
The high court observed,
โthough we are cognizant of the fact that the minor daughter would face difficulties in adjusting with the appellant and his family, but at the same time, we also are mindful of the fact that the future prospects of the minor daughter do not seem to be very secure and stable if she is allowed to stay with the respondents. Better future prospects of the minor cannot be jeopardized at the cost of difficulties she is going to face on account of the changed circumstances, if her custody is given to the appellant.โ
The Court said that the child was only around four years old and was too young to make an informed choice.
Regarding the dowry allegations, the Court found that there was no strong evidence apart from allegations and denials from both sides.
The appellant himself admitted that the respondents had voluntarily contributed โน2 lakh towards the car,while he paid the remaining amount and instalments.
The Court also noted that during the four and a half years that the couple lived together, no police complaint about dowry was filed.
