Mumbai, April 29, 2025 — In a powerful judgment reinforcing child-first legal principles, the Family Court of Mumbai has granted permanent custody of two minor children to their father, citing his steady support and the mother’s non-compliance with the judicial process. Delivered by Hon’ble Judge Govind G. Vayal under Section 12 of the Guardians and Wards Act, the decision is being seen as a major precedent in custody cases where one parent shows a pattern of evasion and non-cooperation.
The petitioner, Vijay (name changed), initiated proceedings in July 2023 seeking custody of his 11-year-old son and 9-year-old daughter. After separating from his wife in 2022, Vijay remained committed to his children’s well-being — financially supporting their education and maintaining a presence in their lives. He was represented by Advocate Deepak Agnihotri, a Mumbai-based divorce lawyer and renowned child custody lawyer Mumbai, known for handling complex and sensitive child custody disputes, especially in NRI and high-conflict family cases.
Advocate Deepak Agnihotri crafted the legal strategy focusing on child welfare, presenting strong documentation that highlighted the emotional risks posed by the mother’s conduct. His approach exemplifies the modern, child-centred litigation model now recognized in Indian family courts.
Court documents reveal that the respondent mother, Aarti (name changed), failed to attend multiple hearings despite being served legal notices. Her absence led the court to proceed ex-parte in November 2023. Moreover, court-appointed counsellors faced resistance and aggression while attempting home assessments at her residence — a troubling sign that raised questions about the emotional climate in which the children were being raised.
In sharp contrast, the home study report conducted at Vijay’s residence offered a positive outlook. Located near the children’s school in Vikhroli, his home was deemed stable, well-maintained, and conducive to child development. The report praised Vijay for his emotional involvement, financial preparedness, and the supportive presence of his elderly parents who assist with childcare.
Judge Vayal’s verdict placed strong emphasis on the importance of a child’s emotional and psychological development. The judgment noted that Vijay consistently demonstrated care, involvement, and a willingness to cooperate with legal processes, whereas the mother’s conduct suggested instability and disregard for both the court and the children’s best interests.
The court has ordered custody to be officially transferred to the father within two months.
Legal professionals, including Advocate Deepak Agnihotri, regard this as a defining case for modern custody battles in India, especially in scenarios involving NRI families or contested separations. Advocate Deepak Agnihotri, a seasoned voice in family court litigation, emphasized, “This case is a reminder that parental rights come with duties. And the parent who best meets those duties — emotionally, financially, and legally — will always have the court’s favour.”
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