The Madurai Bench of the Madras High Court, hearing an appeal of a grandfather, granted him the custody of his minor granddaughter.
Justice J. Nisha Banu observed that the paramount consideration while granting custody should be the welfare and interest of the child, which was more important than right of a parent. The grandchild had expressed her willingness to stay with her grandparents. The father was directed to pay maintenance for his daughter.
The court further observed that the minor granddaughter and her minor brother were both growing up under the guidance of their grandparents. The father, following the death of his first wife, married again within six months and for four years did not claim custody of his children. It was only after the grandfather filed an application before the Judicial Magistrate, Devakottai, for payment of maintenance allowance for the grandchild did he file a petition before the District Court, Sivaganga, seeking custody of his minor daughter, the court observed.
The grandfather had appealed against the order of the District Court, Sivaganga, which had granted custody of the child to her father.
