Prayagraj: Allahabad High Court has held that a father, being the natural guardian of his minor daughter under Section 6 of the Hindu Minority and Guardianship Act, 1956, cannot be denied custody of the child unless he is shown to be unfit to act as her guardian.A division bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan observed that while determining the welfare of a minor, courts must consider the child’s future rather than focusing solely on the time already spent in her present surroundings.The case involved a Prayagraj-based advocate who married in 2019. A daughter was born to the couple in 2022. According to the father, in 2023 his wife’s brothers took her and the child to her parental home. The woman later died in 2024.After his father-in-law and three brothers-in-law allegedly refused to hand over the child’s custody, the father filed a petition under Section 25 of the Guardians and Wards Act, 1890, read with Section 6 of the Hindu Minority and Guardianship Act, 1956.The respondents opposed the plea, alleging that the father had subjected his wife to physical abuse and dowry-related harassment. They also argued that the child had been living with her maternal grandfather since infancy and that the father was likely to remarry. The trial court dismissed the father’s petition, prompting him to file the present appeal before the HC.During the proceedings, the HC noted that the child alternated between living with her maternal grandfather and a maternal aunt who already had five children, indicating that the respondents were not exclusively caring for her.The bench observed: “Though we are cognisant of the fact that the minor daughter would face difficulties in adjusting with the appellant and his family, we are also mindful of the fact that her future prospects do not appear to be very secure and stable if she continues to stay with the respondents. The better future of the minor cannot be jeopardised on account of the difficulties she may face due to the changed circumstances if her custody is given to the appellant.”Allowing the appeal, the court, in its Aug 21 judgment, directed the respondents to hand over custody of the minor girl to her father within one month.
