top of page
  • Writer's pictureChambers of Daksha Kumar

Income, Age, Bigger Family Cannot Be Sole Criteria In Child-Custody Matters : Supreme Court

Updated: Jun 24, 2022

The child's custody isn't decided solely on the basis of money, age, or the size of the family. While hearing a case, the Supreme Court of India stated that this could not be the only criterion for granting a person custody of a kid.

Despite the criterion of income, age, and having a larger family, a bench of Justices MR Shah and Aniruddha Bose gave custody of a youngster who lost his parents during the covid to his grandparents.

The grandparents filed a petition in the High Court against the child's maternal aunt, who refused to let the grandparents into his son and daughter-in-law's home or enable them to meet their grandchild.

After evaluating the petition, the High Court decided to give the child's custody to the maternal aunt and dismissed the case.

The grandparents are dismayed by the High Court's judgement and later approach the apex court.

The maternal aunt's counsel stated that because she is unmarried, has a larger family, and has a consistent income, she is in a better position to care for the child.

While the child's grandparents are elderly and may be unable to provide adequate care for the child.

According to the court, all of these factors do not guarantee that the maternal aunt, rather than the grandparents, will keep better care of the child.

In fact, it is also stated that the interest is more valuable to grandparents than the principle, implying that grandparents have a stronger emotional bond with their grandchildren.

Furthermore, because the grandparents are retired, they have more time to spend with and care for the boy, whereas the maternal aunt has a government job.

The court also noted that the grandparents were able to enrol the youngster in an Ahmedabad school, which is significantly superior to the schooling provided in Dahod.

As a result, the court overturned the High Court's ruling and granted the child's custody to the grandparents, stating that this outcome should be considered the final decision in this matter under Section 7 of the Guardian Ward Act.

However, as the case comes to a close, the court request both families to put their differences aside and work together to care for the child.

The child has already been through a lot, having lost both of his parents at just the age of five. It is preferable for both families to work together to raise the child and focus on his well-being.

11 views0 comments


bottom of page