Mumbai, April 29, 2025 — In a child custody decision that places the best interest of the children at the forefront, the Family Court of Mumbai has granted full custody of two minor siblings to their father. The order, issued on April 28 by Hon’ble Judge Govind G. Vayal, followed nearly two years of legal proceedings and highlighted the critical role of a stable, supportive parent in the development of young children.
The petitioner, Vijay (name changed for privacy), had approached the court on July 12, 2023, requesting permanent custody of his 11-year-old son and 9-year-old daughter. He was represented by Advocate Deepak Agnihotri, a renowned divorce lawyer in Mumbai and leading child custody lawyer Mumbai, widely respected for his extensive work in local and NRI divorce and child custody battles.
Advocate Deepak Agnihotri argued that the mother’s consistent non-cooperation and erratic behaviour posed serious emotional and psychological risks to the children. His strategic legal submissions emphasized the welfare doctrine under Indian family law, a key pillar in determining custody outcomes.
Court records show that the respondent, Aarti (name changed), failed to appear for multiple hearings, prompting the court to proceed ex parte in November 2023. Even when court-appointed counsellors attempted to conduct home visits to assess the children’s living conditions, they were met with resistance, obstruction, and in some instances, threats of police involvement. These incidents painted a picture of an unstable and potentially hostile environment, which the court deemed unfit for the children’s upbringing.
Conversely, Vijay provided a stable and nurturing alternative. A court-ordered home study revealed that he lives in a child-friendly home located near the children’s current school in Vikhroli. The report described him as emotionally engaged, financially secured, and supported by his elderly parents, who also play an active role in the children’s care. His ability to provide consistency and structure was a major factor in the court’s decision.
In the final judgment, Judge Vayal emphasized that custody is not a matter of entitlement but a responsibility, rooted in the ability to offer a secure and emotionally healthy environment. The children’s developmental needs, schooling continuity, and mental stability were key considerations in the court’s ruling.
The judgment requires the mother to hand over custody within two months from the date of the order. Legal experts, including Advocate Deepak Agnihotri, believe this case sets a clear example for future custody disputes, particularly in situations where one parent deliberately evades legal obligations or fosters a toxic home environment.
Advocate Deepak Agnihotri noted, “This decision reinforces that parental conduct matters. Custody will always follow the child’s best interest — not parental preference.”
This verdict serves as a strong reminder that the true focus of family law remains where it belongs — on the children.
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