The Bombay High Court holds that for a girl child about to attain the age of puberty, a mother would be preferred over the father for handing over custody.

ABC v. XYZ

2023-Oct-20

The Bombay High Court holds that for a girl child about to attain the age of puberty

The Bombay High Court upheld a Family Court's order in a divorce case granting interim custody of an 8-year-old girl to her mother, who is also a doctor, and visitation rights to the father. The Court observed thus:

"the girl child aged about 8 years would be undergoing hormonal changes and also physical changes and as such much care has to be taken during this phase of growth of the girl child and the paternal grand-mother or the paternal aunt cannot be a substitute to the mother who is also a qualified doctor. During this phase of life, the girl child requires care and attention of a woman who would be better equipped to understand the process of transformation which the girl child will undergo and as such, the mother at this stage is preferred against the father"..

ABC v. XYZ

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