01Facts
The petitioner is the mother and natural guardian of the minor child, Ms. Riya
p. 4Following the death of the child's father, Mr. Amit Banerji, in January 2025, disputes arose over the estate
p. 7The respondents (paternal grandmother and aunt) filed a petition under Sections 7 and 10 of the Guardian and Wards Act (G&WC No. 15010/2025) seeking guardianship and custody
p. 8The Family Court, via a common order dated 12.01.2026, allowed the respondents' injunction and dismissed the mother's application (I.A. No. V) to vacate the stay, effectively barring the mother from any access to her child until the completion of school examinations in 2026
p. 13, 20The mother challenged these orders under Article 227 of the Constitution
p. 2, 302Issues
i.1. Whether an interlocutory order of injunction can be passed to completely exclude a natural mother from access to her minor child without evidence of unfitness or risk
p. 19ii.2. Whether the "welfare of the child" principle justifies a blanket denial of maternal visitation at the interim stage based solely on academic schedules
p. 20iii.3. Whether a writ petition under Article 227 is maintainable against an interlocutory order passed by a Family Court under the Guardian and Wards Act
p. 2303Law Applied
Section 6 of the Hindu Minority and Guardianship Act, 1956, which recognizes the mother as the natural guardian after the father
p. 19The "paramount consideration of the welfare of the child" principle as established in Vivek Singh v. Romani Singh (AIR 2017 SC 929), emphasizing that parental alienation is detrimental to a child’s development
p. 14, 21The principles of G. Prabhudev v. Ranganayaki regarding the holistic assessment of a child's needs
p. 14, 22T. Tirumala Reddy v. APSEB Engineers Association regarding the incidental powers of the court to grant interim relief while staying within interlocutory limits
p. 14, 15, 22Provisions in the judgment · 13 · Linked ones open on LawLens
Guardians and Wards Act, 1890 Section 7Section 10Section 11Section 12Section 17Section 25
Hindu Minority and Guardianship Act, 1956 Section 6Section 13
Code of Civil Procedure, 1908 Section 2Section 96Section 104Section 39Section 43
04Reasoning
The High Court held that while Family Courts have the power to grant interim injunctions under Order XXXIX Rules 1 and 2 of the CPC, such power must be exercised judiciously
p. 18The court reasoned that in a dispute between a natural parent and other relatives, the natural guardian’s rights under Section 6 of the 1956 Act cannot be diluted at the interlocutory stage unless there is a prima facie finding of unfitness or imminent risk
p. 19The court observed that the Family Court erred by placing undue weight on the child's interview, as the child had been in the exclusive custody of the respondents for seven months, creating a risk of tutoring and "parental alienation"
p. 12, 21Furthermore, the court found that "academic stability" might justify regulating visitation but could never justify the total exclusion of a mother, which causes "irreversible emotional consequences"
p. 20, 22The court concluded that the requirements of a prima facie case and balance of convenience were not met by the respondents
p. 2105Holding
The Court allowed the writ petitions and set aside the common order dated 12.01.2026
p. 24It held that the injunction restraining the mother from access to the minor child was legally unsustainable and vacated it
p. 23, 24The Court clarified that while the injunction was vacated to restore maternal access, the final determination of permanent custody, visitation, and guardianship remains subject to a full-fledged trial by the Family Court, which must proceed uninfluenced by the observations in this judgment
p. 24All other pending interlocutory applications were disposed of accordingly
p. 25Original Court PDF
MRS. SHRUTI SOOD ALIAS SHRUTI BANERJI,vsMRS. SARITA BANERJI,
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