From Our Bureau
NEW DELHI: A 6-year old boy of Ahmedabad orphaned last year due to Covid-19, father on May 13 and mother on June 21, was on Thursday granted custody to his paternal grandparents living in Ahmedabad, overturning the custody given to his maternal aunt living in Dahod town of the state by the Gujarat High Court.
In the Indian society, the paternal grandparents always take “better care” of their grandchildren, held a Bench of Justices M R Shah and Aniruddha Bose, which had reserved the ruling on Monday, after hearing both sides.
In the judgment penned by presiding Justice 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 in comparison to Dahod.” The bench, however, said the maternal aunt can have visitation rights and meet the child as per her convenience.
It said income cannot be the sole criteria to deny the custody of the boy to the paternal grandparents. The high court had noted that the boy was comfortable with the grandparents.
The top court rejected the logic of the High Court giving the custody of the child to the maternal aunt on the ground that she was “employed with the central government and residing in a joint family, which would be conducive for the upbringing of the child.”
