Mother has preference over grandparents: Court orders in-laws to hand over 5-year-old
· India · Indian Express, India Today
Justice Jasjit Singh Bedi of the Punjab and Haryana High Court ordered that the paternal grandparents surrender custody of a five‑year‑old boy to his mother. The decision came after the mother, who left the matrimonial home in June 2026 following her husband’s death in December 2025, obtained a habeas corpus petition. The court held that a mother has preference in custody unless proven incapable, and that it is in the children’s best interests to live together with their mother. The mother’s lawyer, Ankit Kharbanda, also highlighted that the son expressed a desire to live with her. The grandparents, represented by Manoj R Shar, were precluded from retaining custody.
Why it matters
The ruling clarifies custody preference for mothers in Indian family law, potentially affecting similar disputes in Punjab and Haryana.
Read the original report — Indian Express
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