Child Custody — Judicial Conduct · 10 September 2026
KAG v. AAG: Bombay High Court Disapproves Family Court's Remarks on a Wife's 'Pious Duties' in Custody Order
High Court of Judicature at Bombay · 2026 LiveLaw (Bom) 443; Family Court Appeal (Stamp No) 16488 of 2026
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A Family Court in Pune granted custody of a minor boy to his father, with the judge observing that a child's future would be "unsafe" with a mother who does not perform the "pious duties" expected of a wife towards her husband. The mother challenged this order and the reasoning behind it before the High Court.
A Division Bench of the Bombay High Court criticised the Family Court for perpetuating stereotypes and erroneous notions about marital relations through such observations. It held that judges must be mindful of avoiding unwarranted or unconnected remarks, and that custody of a child must be decided on an objective assessment of the child's welfare — not on a judge's personal views about a spouse's traditional marital obligations.
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