The Madhya Pradesh High Court has refused to interfere with a Family Court order that granted custody of two minor daughters to their mother, observing that the welfare of the children must remain the primary consideration in custody disputes.
A division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi dismissed an appeal filed by the father challenging the decision of the Family Court in Mandsaur.
The court held that there was no illegality in the Family Court’s decision, which had concluded that the interests of the children would be better protected if they continued to remain in the care of their mother.
Background of the Case
The case arose from a matrimonial dispute between Vasudev Dangi and Smt. Pushpa Bai. The couple had married in 2010 according to Hindu customs and had two daughters from the marriage.
Following disputes between the spouses, the children began living with their mother. The father later approached the Family Court under the Guardian and Wards Act, 1890, seeking custody of the two minor daughters.
However, the Family Court rejected his application and granted custody of the children to the mother. Aggrieved by that decision, the father filed a miscellaneous appeal before the High Court challenging the order dated January 19, 2026 passed by the Principal Judge, Family Court, Mandsaur.
During the hearing before the High Court, counsel for the father argued that the mother had entered into another marriage with a person named Satyanarayan Dangi on March 4, 2025 through a customary arrangement known as “Natra”.
It was contended that after this remarriage, the mother began residing with her new partner along with the children. A copy of the agreement related to this arrangement was also produced before the trial court to support the father’s claim.
The father argued that this change in circumstances justified transferring custody of the children to him.
On the other hand, the mother had previously alleged that the father subjected her to cruelty because he wanted a male child. According to her, tensions escalated because the couple had two daughters instead of a son. She also alleged that the father had developed illicit relations with another woman.
The High Court noted that the Family Court had carefully examined the evidence and statements placed before it before deciding the custody issue.
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The Family Court had recorded findings that handing over custody to the father would not be in the best interests of the minor daughters, especially in light of the allegations regarding his conduct.
Importantly, the court had also considered the statements of the daughters themselves. The evidence suggested that the children were currently studying in school and receiving proper care and support from their mother.
The High Court emphasized that the welfare of the children remains the guiding principle in custody matters. Since the Family Court had already assessed the circumstances and concluded that the children were well cared for by their mother, the High Court saw no reason to disturb that finding.
After reviewing the records and the reasoning of the Family Court, the High Court held that there was no illegality or error in the order granting custody to the mother.
Accordingly, the appeal filed by the father was dismissed.
However, during the hearing, the father also complained that the mother was not allowing him to exercise visitation rights as permitted by the Family Court.
On this issue, the High Court granted him liberty to approach the Family Court to seek appropriate relief if his visitation rights were being denied.
With this limited liberty, the appeal was disposed of without any order as to costs.
Case Title: Vasudev Dangi v. Smt. Pushpa Bai
Case Number: Miscellaneous Appeal No. 1488 of 2026
Decision Date: March 5, 2026
