Supreme Court rules on ‘who can take better care of a child’

A view of the Supreme Court in New Delhi. File

A view of the Supreme Court in New Delhi. File | Photo Credit: R. V. Moorthy

The Supreme Court on Thursday said it cannot be taken for granted that a relative with a big family, independent income and young can take better care of a child.

A Vacation Bench led by Justice M.R. Shah was hearing a child custody battle between the maternal aunt and paternal grandparents of a child, who had lost both parents.

The maternal aunt made a claim that she was unmarried, salaried and younger than the child’s grandparents. She also had the support of a bigger family, and due to all these reasons, she said she was better-suited to have custody of the child than the grandparents.

But the court did not agree, saying these reasons may not be germane.

“In our society still the paternal grandparents would always take better care of their grandson. One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. It is said that the grandparents love the interest rather than the principle. Emotionally also the grandparents will always take care better care of their grandson. Grand Parents are more attached emotionally with grandchildren,” the court observed, retaining the custody of the child with the grandparents.

However, the court said arrangements should be made for the maternal aunt to meet and interact with the child.

“Income and/or the age and/or the bigger family cannot be the sole criteria to tilt the balance and not to give the custody of the grandson to the paternal grandparents,” the apex court observed.

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Printable version | Jun 10, 2022 10:10:48 am |