A 10-year old girl’s simple wish - “I want to stay with my father” - became the turning point before the Bombay High Court, Nagpur Bench. The Court said that in such matters, the child’s feelings and safety must come before everything else. The order was passed by Justice Urmila Joshi-Phalke while hearing a revision application filed by an Assistant Professor (42) from Nagpur. He had challenged an earlier order of the District Judge-1 and Additional Sessions Judge, Nagpur, in a custody dispute with his wife (36).

 

The couple, married in 2014, have two daughters - Sanvi and Priya (name changed) - and are currently living separately due to marital issues. Their elder daughter Sanvi, who is over 10 years old, had approached a child helpline and complained about problems at home. Her statement was later recorded. During the hearing, the High Court carefully went through Sanvi’s statement. In it, she clearly said that she wants to stay with her father. The Court observed that the welfare and desire of the child are the most important factors in such cases, but this was not properly considered by the lower court. Earlier, the Child Welfare Committee had temporarily given custody of Sanvi to the father after recording her statement and reviewing a report by a child helpline worker. However, the mother challenged this before the sessions court.

 

The lower court then passed an interim order giving custody of the child to the mother for four days a week - from Thursday morning to Sunday night - without hearing the father’s side. The father then approached the High Court, arguing that both the child’s statement and the helpline report were ignored. After hearing both sides and examining the record, the High Court found that the child’s clear wish was not given proper importance. The Court said that any decision about custody must focus on the child’s well-being and what the child wants. The High Court set aside the earlier order and sent the case back to the District Court for fresh consideration. It directed that both parents be given a fair chance to present their case and that the final decision must be taken keeping the child’s welfare in mind. The Court also stayed the earlier order and asked both parties to appear before the trial court on April 20, 2026. Adv Atul Pande appeared for father while Adv Kaustubh Tople for the mother.