The Bombay High Court has directed a woman to return custody of her five-year-old grandson to his biological parents, citing that her emotional bond with the child does not give her a superior right to his custody. The child was in the care of his paternal grandmother, as his parents had to take care of his twin brother, who is suffering from cerebral palsy.

However, due to a dispute over property, the child's father asked his 74-year-old mother to hand over custody, and when she refused, he approached the high court. The child's grandmother opposed the plea, claiming that she had been taking care of the child since birth and they shared an emotional bond.

A bench of Justice Ravindra Ghuge and Justice Gautam Ankhad noted that the grandmother may share an emotional bond with the child, but such attachment does not confer upon her a superior right to custody over that of the biological parent. The rights of the biological parents over the child can be curtailed only if it is shown that granting them custody would be detrimental to the child's welfare, the court held.