HC dismisses former royal’s petition for custody of son

Justices Ravindra Ghuge and Gautam Akhand held that pursuant to orders passed by the local German court, the woman had lawful custody of the child and therefore Jadeja’s petition was not maintainable

MUMBAI: The Bombay high court on Thursday dismissed a habeas corpus petition filed by Jyotirmayasinhji Upendrasinhji Jadeja (43), a member of the erstwhile royal family of Gondal State in Gujarat, seeking custody of his six-year-old son. The child is currently living in Germany with Jadeja’s estranged wife, Damini Kumari (46), a German national.

Bombay High Court

Justices Ravindra Ghuge and Gautam Akhand held that pursuant to orders passed by the local German court, the woman had lawful custody of the child and therefore Jadeja’s petition was not maintainable.

The couple’s son was born in May 2019. On January 29, 2020, Damini Kumari travelled to Germany with the child to meet her family. Restrictions imposed on account of the Covid-19 lockdown prevented their return to India.

The duo, however, did not return even after the restrictions were lifted, and in March 2024, Damini initiated custody proceedings before the Würzburg District Court in Germany. On August 18, 2025, the Würzburg granted her sole custody of the child, authorising her to take all decisions relating to his general welfare.

The final order prompted Jadeja to approach the high court, contending that his wife had taken their child away illegally and without his consent had secured German nationality for him and also got him a German passport “through fraud and misrepresentation”.

The high court, however, rejected the claims. “The custody of the minor is with the mother, who is also the natural guardian,” the bench said. It added that the Würzburg Court also permitted her to retain his custody, and hence the custody could not be characterised as illegal.

The court observed that in custody matters, the prime consideration was the welfare of the minor, and added that the child was already in a play school at Rottendorf, Germany, which was now “his natural habitable environment”. “In our view, his best interest would be served in his existing environment in Germany where he has been since January 2020,” the bench added while rejecting the custody petition.

The court also pointed out that Jadeja had not participated in the proceedings before the Würzburg Court or filed for custody in India. “The Petitioner has not taken any steps to seek custody or visitation rights… before any competent Court in India,” it said. “This omission is glaring, and no explanation has been offered for such inaction. In these circumstances, the Petitioner cannot contend that the minor is being illegally detained.”