Mother Is Natural Guardian After Father’s Death, Will Be Granted Interim Custody For Child Welfare: Bombay HC

The Bombay High Court ruled that after a father’s death, the mother becomes the natural guardian of a minor child under Section 6 of the Hindu Minority and Guardianship Act, 1956. The Court observed that unless there is clear evidence of unfitness or harm to the child’s welfare, a mother cannot be denied custody. The father, had custody after divorcing his wife in 2024. Following his death in January 2025, the child stayed with her paternal grandparents, who applied for guardianship. The Court emphasized that caregiving by grandparents does not override the legal right of a natural guardian. The mother now runs a business and can financially support the child. However, the Court instructed her to file an undertaking for weekend and holiday access to the grandparents. The decision reaffirmed that a mother’s custody rights prevail unless proven harmful to the child’s best interests.