Gujarat High Court Quashes Family Court's 'Harsh' Order in Child Custody Dispute
The Gujarat High Court has strongly criticized and set aside a family court order that mandated a mother to bring her two-and-a-half-year-old son to court every Thursday for six hours for meetings with the child's paternal grandfather. The high court described the lower court's approach as "harsh and obdurate" and deemed it unacceptable in a child custody case.
Details of the Family Court Order
The petition was filed by the child's mother against the Dhrol-Jodia family court in Jamnagar, which had ordered visitation rights for the grandfather under the Guardian and Wards Act. In September 2025, the family court issued an interim order requiring the mother to be present with the minor on the court premises every working Thursday from 11 am to 5 pm until the custody case was resolved. The order also stipulated that:
- The mother and grandfather must sit together during the access period.
- The mother's second husband was barred from being present.
- The grandfather was allowed to give gifts, clothes, and toys to the child.
Background of the Custody Dispute
The custody dispute arose after the death of the child's father and the mother's subsequent remarriage. The paternal grandfather sought custody of the child, leading the family court to pass the interim order for meetings in court. However, the mother faced significant difficulties due to the visitation hours and challenged the order in the high court.
High Court's Scathing Observations
During the hearing, Justice J C Doshi noted other interim orders by the family court, including one that directed the mother to keep the child in a diamond factory during her late husband's first death anniversary and another that ordered the child's birthday to be celebrated on court premises. The high court remarked, "This kind of harsh and obdurate approach of the court is unacceptable. All that could be noticed is that these kinds of orders are passed at an interim stage, without reading the evidence. The point of view of the learned family court may not be biased, but at the same time, no less than parti pris."
The high court's decision underscores the importance of a balanced and evidence-based approach in family law matters, particularly those involving young children. The ruling has been welcomed as a step towards protecting the rights and well-being of parents and minors in legal disputes.
