The New Indian Express ·
Jharkhand HC gives mother interim custody of 4-year-old, cites IVF ordeal and child’s welfare
RANCHI: Acknowledging the pain and sacrifices of the mother, who gave birth to the child through IVF, the Jharkhand High Court observed that a child of such a tender age requires a mother's love and affection. On these grounds, a division bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad set aside an order passed by the Hazaribagh Family Court and directed that interim custody of the four-year-old girl be handed over to her mother.
The court, however, allowed the father to meet the child every weekend from 10 am to 5 pm.
While passing the order, the court also took into account the fact that the child was conceived through IVF and that the mother had endured the associated pain and sacrifices.
“It is an admitted fact that the child was born through IVF and the petitioner/appellant has endured the pain and sacrifice associated therewith. In view of the statutory provisions, particularly upon a conjoint reading of Sections 6(a) and 13 of the Hindu Minority and Guardianship Act, 1956 with Section 12 of the Guardians and Wards Act, 1890, and considering the factual matrix of the case, this Court is of the considered view that, until disposal of the suit, the interim custody of the minor child shall be handed over to the petitioner/appellant-mother,” the court said in its order.
“On the basis of discussion made hereinabove, the order impugned dated 27.11.2025 passed in Original Suit No.68 of 2025 by the learned Principal Judge, Family Court, Hazaribagh is hereby quashed and set-aside,” it added.
Earlier, the Hazaribagh Family Court had dismissed the mother's plea for interim custody, filed under Section 12 of the Guardians and Wards Act, 1890, on November 27, 2025. It had, however, granted her visitation rights. The Family Court had also acknowledged that the young child required the love and affection of both parents.
Subsequently, the mother challenged the Family Court's order before the High Court.
While hearing the matter, the Jharkhand High Court observed that in cases concerning custody and guardianship, it is not sufficient to merely consider which parent holds superior legal rights; the paramount consideration is the child's best interest.
Citing relevant legal provisions, including Section 13 of the Hindu Minority and Guardianship Act, 1956, and Section 12 of the Guardians and Wards Act, the court emphasised that the welfare of the child is the supreme consideration.
“The welfare of the child is determined neither solely by economic affluence nor merely by emotional concern, but by a balancing of all relevant factors to secure the child’s total well-being,” the court said.
The court also considered the child's age to be a significant factor, noting that she was approximately four years and six months old. It observed that at such a tender age, she had a special need for her mother's affection and love.
Furthermore, the court noted that the child was not yet mature enough to make an informed choice regarding her preference.
In light of these circumstances, the High Court ruled that the mother should retain interim custody of the child until a final decision is reached in the main custody and guardianship proceedings.