AGE, INCOME OR BIGGER FAMILY, ARE NOT THE SOLE CRITERIA FOR CHILD CUSTODY - SC

BENCH: Justices MR Shah and Aniruddha Bose

The Top Court recently observed that income, age or a bigger family cannot be the sole criteria in a child custody case. The bench made the observations while granting custody of a five-year child to his paternal grandfather after he lost his parents due to Covid-19.

In this instant case, the paternal grandfather moved to the High Court through a writ petition alleging that the child's maternal aunt is not allowing them to meet the boy or even enter the house of his son and daughter-in-law. The HC, however, gave the custody of the child to the aunt. Aggrieved by the decision of the HC, the grandfather approached the top court.

The grandfather argued before the SC that merely because he is 71 and his wife is 63 years old, it cannot be concluded that they are in no position to take care of their grandchild.

The bench held that it cannot be presumed that the aunt, being unmarried, young, and having a bigger family, will take better care of the child. In our society, grandparents would always be better at taking care of a child. Moreover, grandparents are more attached to their grandchildren and are always better at giving emotional care. In light of the above, the HC's order is set aside.