Child Custody to Mother: Ensuring the Best Interest of the Child

In a recent landmark judgment, the High Court of Madhya Pradesh granted child custody to the mother, emphasizing the paramount consideration of the child’s welfare. The case of Smt. Shweta Jariya v. Upendra Jariya highlights the importance of entrusting custody to the natural guardian, the mother, when determining the child’s best interest during divorce proceedings.


Smt. Shweta Jariya and Upendra Jariya’s marriage faced turbulent times, leading to Upendra filing for divorce in 2022. The couple had two children together – a daughter named Mukta and a son named Dhruv. During the ongoing divorce proceedings, Upendra took custody of their son and placed him with his sister in Badwani, while Smt. Shweta resided in Indore. Smt. Shweta filed an application filed under Section 26 of Hindu Marriage Act, 1955 for custody of her son, which was rejected by the Family Court and hence, she filed the present appeal before High Court of Madhya Pradesh.

The Mother's Plea

After hearing both sides and interacting with the child, the High Court recognized the significance of the mother-child bond. The court acknowledged that the mother’s role as the natural guardian and the child’s primary caregiver was crucial for his well-being. Considering the child’s young age and the presence of his elder sister in Indore, the court concluded that the child’s best interest would be served by granting custody to the mother, Smt. Shweta.

Empowering the Mother as the Natural Guardian

Image of father and mother fighting, there is a judge hammer and a person pointing towards mother. Text overlay says "Child Custody to Mother".

The court’s decision reinforces the importance of recognizing the mother as the natural guardian, especially when determining child custody. It highlights the mother’s nurturing role and ability to provide a loving and stable environment for the child’s growth and development. By prioritizing the child’s well-being, the court upheld the mother’s rights and responsibilities in ensuring the child’s future.


The judgment in Smt. Shweta Jariya v. Upendra Jariya underscores the significance of child custody decisions that prioritize the child’s best interest. By granting custody to the mother as the natural guardian, the court affirms the mother’s role in nurturing and shaping the child’s life. The ruling empowers mothers and acknowledges their crucial role in securing a bright future for their children.

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