Archive · 25 Sep 2026
Madhya Pradesh High Court Makes Mother’s Custody Permanent
A court had to decide which parent should care for a five-year-old boy.
The boy was asked whom he wanted to live with.
He said he wanted to stay with his mother because she loved him.
The court listened to him but also looked at his safety and overall well-being.
The boy’s father worked as a labourer and said he earned about Rs 10,000 each month.
The boy’s grandmother said she could not take responsibility for looking after him.
The court decided that the boy would be safer with his mother.
It first gave her temporary custody and then made that arrangement permanent.
A five-year-old boy told the Madhya Pradesh High Court that he wanted to live with his mother.
The court said the child’s welfare and safety outweighed the parents’ competing claims.
The boy’s father said he worked as a labourer earning about Rs 10,000 a month and admitted occasional alcohol consumption.
The child’s grandmother declined to take responsibility for caring for him in his father’s absence.
The court made the mother’s interim custody permanent after considering the child’s preference and care circumstances.
- Who
- A five-year-old boy, his mother, father and grandmother; the case was heard by Justices G S Ahluwalia and Anuradha Shukla.
- What
- The Madhya Pradesh High Court made the mother’s interim custody of the boy permanent.
- When
- The interim custody was granted on September 21 and made permanent on September 22.
- Where
- Before the Madhya Pradesh High Court.
- Why
- The court considered the child’s stated preference, his safety, and his overall welfare, which it treated as more important than parental claims alone.
Mother and Child’s Position
Father’s Position
Preferred Caregiver
Mother and Child’s Position
The child told the court that his mother loved him and that he wanted to live with her; the court considered him safer in her care.
Father’s Position
The father appeared before the court and presented allegations against the mother, though the article does not specify them.
Ability to Provide Care
Mother and Child’s Position
The court continued custody with the mother after considering the circumstances surrounding the child’s care.
Father’s Position
The father said he worked as a labourer, earned about Rs 10,000 monthly, and had provided cooking materials for the child; he also admitted occasional alcohol consumption.
- Child’s age
- Approximately five years old
- Child’s preference
- He told the court he wanted to stay with his mother.
- Father’s occupation
- Labourer
- Father’s stated income
- Approximately Rs 10,000 per month
- Grandmother’s position
- She declined responsibility for caring for the boy.
- Initial custody order
- The mother received interim custody on September 21.
- Final custody order
- The interim custody was made permanent on September 22.