Paternal grandparents would always take better care of grandson: SC

SC hands over custody 6-year-old to paternal grandparents from maternal aunt

In a family battle as to who will take care a six-year-old male child orphaned due to the second Covid-19 wave last year, the Supreme Court on Thursday directed to hand over his custody to his paternal grandparents from the maternal aunt, saying she may be more attached to the child but "paternal is paternal".

A bench of Justices M R Shah and Aniruddha Bose said in our society the grandparents are more emotionally attached to the grandchildren and 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. Emotionally also the grandparents will always take care better care of their grandson. Grandparents are more emotionally attached with grandchildren," it said.

Acting on a plea by 71-year-old grandfather of the child from Ahmedabad, the court set aside the Gujarat High Court's order to hand over the custody of the child to the maternal aunt, a central government employee.

"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," it said.

Noting that it was a very difficult choice for the High Court to make, the bench pointed out income or the age 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 top court also said during the interim custody, there was nothing to suggest that they have not taken good care of the child. On the contrary, the minor has expressed his willingness to stay with the grandparents. It also noted the appellant has managed to get admission of the child in Ahmedabad, a metro city, where he can get better education than Dahod, where the maternal aunt was based.

The court, however, allowed regular visitation right and video calling to the aunt, and the child's stay with her during the vacations as per his wishes and convenience without affecting his education and extra curricular activities.

"We request both, paternal grandparents and maternal aunt and her family (on maternal side) act jointly and have cordial relations which shall be in the larger interest of the minor," it said.

The top court also said its present order would be subject to the final outcome of the proceedings under Section 7 of the Guardians and Wards Act, pending before the competent court.

The child's father died on May 13, 2021 and within a month, the mother too expired during the second wave of the Covid-19 pandemic.

The paternal grandfather approached the High Court, saying the maternal aunt was not allowing him to enter the house of his son and meet with the grandchild.