The custody of the child below five years of age should be given to the mother unless it is proven by the father that custody of child to mother would hamper the upbringing of the child. In Roxann Sharma vs. Arun Sharma (CIVIL APPEAL No. 1966 OF 2015). The Supreme Court observed that, the custody of the child was given to mother who was well-educated and self- sufficient whereas the father was jobless, the SC decided that the custody of the child below five years of age should be with mother. It exclusively specified the right if the mother to have custody of a child below five years of age provided that mother is not unfit for the same. Reddy & Reddy Law Firm has a forte in handling family litigation Matters. They have an experienced team of lawyers ready to assist in all your disputes.