They take higher care of kid: SC grants custody of 6-yr-old to paternal grandparents
The Supreme Court has granted custody of six-year-old grandparents and said that ‘paternal grandparents always take better care of grandchildren’.
The Supreme Court on Thursday granted custody of a six-year-old boy to grandparents. (File Photo)
The Supreme Court on Thursday granted custody of a six-year-old boy, who had lost both of his parents during the second wave of covid-19, to the paternal grandparents. The court also said that grandparents always take better care of their grandchildren.
The boy had lost his father and mother on May 13 and June 12, 2021 respectively, in Ahmedabad. Following the demise of his parents, the maternal relatives had taken the child to Dahod from his paternal grandparents’ house in Ahmedabad to attend the last rites of his mother and since then he was not brought back.
Later, his custody was granted to his maternal aunt by the Gujarat High Court.
The grandparents had moved the Gujarat High Court seeking the child’s custody which was given to the maternal aunt on grounds that she was “unmarried, employed with the central government and residing in a joint family which would be conducive for the bringing up of the child.”
Setting aside the High Court’s decision, the Apex Court bench headed by Justice MR Shah said, “In our society the paternal grandparents would always take better care of their grandson. They are more emotionally attached to grandchildren and the minor will get a better education in Ahmedabad compared to Dahod.”
The bench also urged both parties to leave aside their bitterness and said, “Maternal aunt can be attached to the child, but paternal is paternal.”
The bench, however, said the maternal aunt can have visitation rights and will be able to meet the child as per his convenience.
The court also made it clear that income cannot be the sole criteria to deny the custody of the boy to the paternal grandparents.