Welfare & Comfort Of Child Prevails Over Personal Law: Muslim Mother Retains Custody Of 9-Yr-Old Son: Bombay High Court

The Aurangabad Bench of the Bombay High Court held that when there is a conflict between personal law and the welfare and comfort of a minor child, the welfare of the child shall take precedence. Justice Shailesh Brahme, while hearing a custody battle involving parents from the Muslim community, ruled that even though Muslim Personal Law allows the custody of a child above 7 years to shift to the father,…