MUMBAI: The Bombay High Court on Wednesday restored the custody of a three-month-old infant to his mother, observing that a child of such tender age is completely dependent on the mother for survival, care and nourishment. The court came down heavily on the father, holding that his actions had deprived the infant of the care and protection that only a mother can provide, resulting in “grave and irreparable injury and hardship” to the child.HC restores custody of three-month-old infant to mother, raps father for ‘grave and irreparable injury’“The father has also deprived the child, an infant of only three months, of the care and protection that only a mother can provide and which is paramount for the overall well-being of the child. Such conduct on the part of the father has resulted in grave and irreparable injury and hardship to the infant child,” the court observed.A division bench of justices Shyam C Chandak and Farhan P Dubash was hearing a habeas corpus petition filed by a 29-year-old woman, who alleged that her husband and his relatives had “illegally and unlawfully detained” her infant son and sought restoration of his custody.According to the petition, filed through advocate Muheet Musani, the couple married in January 2025 and subsequently registered their marriage in Abu Dhabi. The woman alleged that after the marriage, her husband and his relatives subjected her to continuous mental cruelty, humiliation and harassment.The child was born in January 2026. The mother claimed that from the time of the child’s birth, her husband and his relatives repeatedly interfered with her care and custody of the infant. They allegedly obstructed breastfeeding, insisted that the child remain under their control and repeatedly pressured her to leave the child behind and return alone to India.The petition further stated that when she resisted these demands, her husband allegedly declared that he would never allow her to retain custody of the infant and shockingly revealed that he had married her solely for the purpose of having a child.The dispute escalated in April 2026 when the couple returned to Mumbai. The woman alleged that her husband, acting in collusion with his relatives, forcibly snatched the child from her arms and fled in a waiting vehicle, leaving her stranded on the roadside.Following the incident, she approached the Kapurbawdi police station on April 25 and lodged a complaint alleging that the child had been kidnapped. However, she told the court that despite the complaint, no effective steps had been taken to recover the infant.In her plea, the woman contended that her husband and his relatives had deliberately concealed the whereabouts of the child and denied her access to her nursing infant, causing severe emotional trauma and acting contrary to the child’s welfare and best interests.“They have deliberately concealed the whereabouts of the minor child and denied the Petitioner access to her nursing infant, causing severe emotional trauma and rendering the continued detention of the child wholly unlawful and contrary to his welfare and best interests,” the petition stated.The plea further alleged that the respondents had used the infant as a tool for emotional coercion and matrimonial leverage, demonstrating a disregard for the child’s developmental and emotional needs.During the proceedings, the court was informed that on May 29 the husband had assured the bench that he would produce the child before the court on June 1. However, he failed to honour the undertaking.Taking serious note of the conduct, the high court observed on Monday that the husband had intentionally avoided producing the child before the court. The bench further noted that he had denied financial assistance to the woman, conduct that appeared to be “designed to harass the Petitioner physically, mentally and economically”.Observing that the matter warranted coercive action, the court imposed costs of ₹1 lakh on the husband and directed him to pay the amount to the woman within three days. It also directed him to produce the child before the court on Wednesday, warning that failure to comply would invite further action.When the matter was taken up on Wednesday, the child was finally produced before the bench. The court immediately directed that custody of the infant be handed over to the mother, reiterating that a child of such a tender age is dependent on the mother for care, protection and nourishment.The court also directed the husband to pay ₹45,000 towards the maintenance of the mother and the child, while ensuring that the infant was reunited with his mother after weeks of separation.