The Bombay High Court dismissed a habeas corpus petition by a mother seeking custody of her 10-year-old son after the child clearly expressed his desire to stay with his father. The court noted the boy lived under constant fear that his mother might forcibly separate him from his father.

The couple, married in 2012, had their son in 2015. Their relationship eventually soured, leading the wife to file a domestic violence complaint. On April 30, 2024, the father allegedly took the child without the mother’s consent, prompting her to move the court.

Hearing the case, Justices Sarang V Kotwal and S M Modak stated that although recent months with the father might have influenced the boy, he decisively told the court he wished to remain with his father. Advocate Vikram Deshmukh, representing the mother, argued that the boy had been brainwashed and that maternal care was vital. He presented WhatsApp chats allegedly manipulated by the father.

Concerns were raised about the father’s frequent absence due to his U.S. Green Card obligations and his elderly parents’ inability to care for the boy. However, after interviewing the child privately, the judges found him intelligent and articulate in expressing his preference.

The court ruled that detailed custody issues could be taken up separately in an appropriate forum with comprehensive evidence. Since a habeas corpus petition is meant for urgent and straightforward relief, an extensive trial wasn’t suitable here.