Latest Judgement on Child Custody to Mother – Delhi High Court on July 10, 2023

In a latest judgment on child custody to mother, the Delhi High Court addressed the custody battle between a father and a mother over their two-year-old child. The court’s decision favored the mother, granting her custody while also allowing the father overnight visitation rights on specific dates. Let’s delve into the details of this significant ruling and the factors considered by the court in making this well-balanced decision delivered on July 10, 2023.

The Background of the Case

The appeal, filed by the father (appellant) under Section 19 of the Family Courts Act, 1984, challenged the order passed by the learned Judge, Family Courts, Tis Hazari, Delhi. The order dated April 5, 2023, allowed the custody application filed by the mother (respondent) under Sections 7 and 25 of the Guardians and Wards Act, 1890, seeking custody of the child.

The Arguments

The appellant contended that the respondent (mother) had abandoned the child and left the matrimonial home when the child was only three months old. He claimed that he had been taking care of the child ever since. Thus, he sought the custody of the child to be returned to him.

On the other hand, the respondent alleged that she was a victim of merciless beatings by the appellant and his family members in January 2022, which led her to leave her matrimonial home. She further claimed that the appellant and his family forcibly took custody of the child from her parental house on March 24, 2022.

The Court's Verdict

Judge writing a judgment on child custody. Image also shows a judge hammer and a family of husband, wife and two children.

After careful consideration of the tender age of the child and all surrounding facts, the learned Judge, Family Courts, Tis Hazari, made a well-reasoned and balanced decision. The court directed the appellant (father) to hand over the custody of the two-year-old child to the respondent (mother). However, in the best interest of the child, the court allowed the appellant overnight custody of the child on the first and third Saturdays of every month.


The latest judgment on child custody reaffirms the court’s commitment to the welfare and well-being of the child. The decision takes into account the child’s age and aims to provide a nurturing environment with the love and affection of both parents. The ruling sets a precedent for similar cases, emphasizing the importance of considering the child’s needs and ensuring a balanced approach in determining custody matters.

Download Judgment

For the complete judgment and detailed insights, you can refer to the original case document with Case No. MAT.APP.(F.C.) 90/2023, available on the Delhi High Court’s official website. This downloaded judgment can serve as a valuable resource for legal reference in ongoing cases as well.

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