The Bombay High Court has expressed concerns about granting custody of a minor girl to her father, citing his alleged history of anger problems and aggressive behavior, deeming it unsafe.

Justices Revati Mohite Dere and Gauri Godse of the division bench dismissed a petition filed by a 41-year-old UK citizen aiming to gain custody of his three-year-old daughter, allegedly brought to India without his consent by his estranged wife. The court acknowledged the wife's accusations of the man's anger problems and past physical abuse towards her.

The bench emphasized a fundamental legal principle: courts must prioritize the best interests of the child when determining custody matters. The court order highlighted that any directive to return the child to a foreign jurisdiction shouldn't cause the child any form of harm, whether physical, mental, or psychological.

"Considering the past conduct of the petitioner having anger issues, it will not be safe to hand over custody of the child to him," the bench said.

Furthermore, the court highlighted concerns regarding the allegations of the petitioner's (husband's) violent and abusive behavior, emphasizing that such conduct poses a threat to the safety of the child and could negatively affect her overall well-being and secure upbringing.

"The child, being a girl at the tender age of three-and-a-half years, necessitates the care and affection of her mother," asserted the bench. Yet, it also underscored the child's entitlement to the presence of both parents, emphasizing that in the parental dispute, the child's welfare should remain paramount, ensuring she doesn't endure any undue hardship or distress.

The court highlighted that the woman has actively kept her estranged husband updated on the child's well-being and facilitated video calls between the father and the child. Emphasizing the child's best interests, the court concluded that residing with her mother in India is beneficial for her. Additionally, the court dismissed the notion that bringing the child to India was an illegal act, stating that it's not accurate to characterize the situation in that manner.

According to the plea, the couple married in 2018 in the US, and their daughter was born in 2020. Post the child's birth, marital disputes led to a six-month separation. In 2022, they attempted reconciliation, moving to Singapore. However, in November 2022, the woman returned to India with the child and declined to go back, prompting her husband to file a petition. Subsequently, a court ordered joint custody of the child.

In February of this year, the man petitioned the Bombay High Court, requesting an order for his estranged wife to adhere to the Singapore court's directive and grant him custody of their daughter. In response, the woman contested the plea, citing that she returned to India due to concerns for her and her daughter's safety, alleging abuse by the man. She stated that she had lodged police complaints against him for domestic violence both in the US and in Singapore.