India, April 29 -- The religion of a minor cannot be a decisive factor when determining custody, the Bombay high court ruled on Monday while dismissing a city-based businessman's plea seeking custody of his three-year-old daughter from his estranged wife, a fashion stylist of Pakistani origin.

"The religion of the minor is only one of the considerations, but it is not a decisive, overriding factor. It is among several factors the court must weigh to determine the welfare of the child," observed a division bench of Justices Sarang Kotwal and SM Modak while rejecting the petition filed by Sahil Raju Gilani, director of Gits Food Products, a company best known for its instant Gulab Jamun mixes.

Referring to Section 17(2) of the Guardians a...