Child Custody





The supreme court observed that income, age, bigger family cannot be the sole criteria to
tilt balance in child-custody cases. 
In this case, a five year boy who lost his parents due to covid to his paternal grandfather. 
The paternal grandfather approach to high court by filling a writ petition (habeas corpus) 
alleging that the boy’s maternal aunt is not allowing them to enter the house in his son and 
daughter in law and that he is not even permitted to met the boy custody to the maternal 
aunt. Aggrieved with this, the grandfather approached the high court. 
Before the apex court, the appellant-grandfather contended that merely because he is aged 
71yrs and his wife is aged 63yrs, it cannot be presumed that the paternal grandparents 
would not be in position to take better care of grandson. The respondent contended that 
the maternal aunt would be in a better position to look after and take care of boy than the 
appellant paternal grandfather. 
The court observed that: 
“there cannot be any presumption that the maternal aunt being unmarried having an 
independent income; younger than the paternal grandparents and having a bigger family 
would take better care than the paternal grandparents. 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. Grandparents are more emotionally attached with 
grandchildren. “ 
"We request both, paternal grandparents and maternal aunt & her family (on maternal side) to act 
jointly and cordially and have cordial relations which shall be in the larger interest of the minor . 
We request to all the concerned to forget bitterness and forget the past and look in the future look in the future taking into consideration the future of the minor, who unfortunately, has lost his parents at the age of five years only. With this proceedings.”

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696

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