The Bombay High Court, the court addressed a complex case involving the custody of twin daughters born through surrogacy. The petitioner, the legal mother, sought custody and visitation rights after her husband, the respondent, took the children away without her consent. The court highlighted the emotional and psychological implications for the children and emphasized the urgency of resolving the matter swiftly to prevent further harm to the mother-daughter relationship.

1. Introduction:

• The case involved a legal battle over the custody and visitation rights of twin daughters born via surrogacy.
• The petitioner, Shailja Nitin Mishra, sought relief against her husband, Nitin Kumar Mishra, who moved the children to Ranchi without her knowledge.

2. Background:

• The marriage between the petitioner and the respondent was solemnized in 2012, but the couple faced challenges conceiving naturally.
• They opted for surrogacy using the petitioner’s sister as an egg donor, resulting in the birth of twin daughters in 2019.

3. Legal Proceedings:

• The petitioner filed for custody under the Guardians and Wards Act, 1890, and sought interim visitation rights, which were denied by the lower court.
• The High Court reviewed the application, noting the delay in proceedings and the emotional impact on the petitioner.

4. Court’s Observations:

• The court expressed concern over the delay in legal proceedings, which favored the respondent by estranging the children from their mother.
• The court also clarified that the petitioner’s sister, who was only the egg donor, had no legal claim over the children.

5. Judgment:

• The High Court ruled in favor of the petitioner, granting her the custody and visitation rights, and emphasized the importance of a timely resolution to safeguard the children’s well-being.

6. Conclusion:

• The judgment is significant as it reaffirms the legal rights of the mother in surrogacy cases and highlights the emotional complexities involved in such disputes.