- In Swaminathan Kunchu Acharya vs State of Gujarat while awarding custody of the minor grandson, aged 5 years, to his paternal grandparents, the Hon’ble Apex Court has observed that income, age, bigger family cannot be the sole criteria for tilting balance in child custody matters.
- In the instant case, the paternal grandfather of the boy had filed a plea of habeas corpus in the High Court alleging that the boy’s maternal aunt was not allowing him to enter the house of his deceased son and daughter-in-law, and that he is not even permitted to meet the boy. While disposing of the plea of habeas corpus, the High Court gave the custody of the child to his maternal aunt.
- Aggrieved by the same, the grandfather approached the Apex Court.
- The Counsel for the appellant had submitted that merely because the appellant is 71 years old and his wife is 63, it cannot be presumed that the paternal grandparents would not be able to take care of their grandchild. It was also submitted that merely because the respondent maternal aunt has a bigger family, there cannot be any presumption that they would take better care of the grandson that the grandparents.
- At the outset, the Apex Court observed that the grounds which the HC had relied upon to grant custody to the maternal aunt could be called relevant, but not germane. There cannot be any presumption that the maternal aunt being unmarried and having an independent income, younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents.
- The Court also observed that in our society, the paternal grandparents would always take better care of their grandson. The Court also noted that it is said that the grandparents love the interest rather than the principle. Emotionally too, the grandparents would take better care of their grandson, since they are emotionally attached to their grandchildren to a greater degree.
- Thus, allowing the appeal and granting the custody of the minor child to his grandparents, the Court requested the parties concerned to let go of the past and look to the future, taking into consideration the future of the child, who has lost both his parents at the tender age of 5 years.
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