SC grants paternal grandparents custody of COVID orphaned child from maternal aunt
New Delhi: The Supreme Court on Thursday granted the custody of a five-year-old boy who lost both his parents to COVID-19 last year, to his paternal grandparents, saying that paternal grandparents would better take care of the child than his maternal aunt, as they are “more emotionally attached” to him.
A bench of Justices MR Shah and Aniruddha Bose said that in Indian society, the paternal grandparents always take “better care” of their grandchildren.
They are more eligible for grandchildren’s custody as compared to the child’s maternal aunt since the grandparents would be more attached to the grandchild, the bench said.
It quashed the Gujarat High Court order which had granted custody to the maternal aunt, aged 46. The boy lost his father and mother on May 13 and June 12, 2021, respectively in Ahmedabad, and later his custody was granted to his maternal aunt by the Gujarat High Court.
The apex court observed that income could not have been a sole criterion to deny the rights of grandparents, who are more attached to the child.
“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 said in its order.
However, it said the maternal aunt can have visitation rights and meet the child at her convenience.
The High Court had granted the custody to the maternal side after noting that the aunt had a Central government job and was unmarried while the grandparents survived on pension.
The top court today said, “Income cannot be the sole criteria to deny custody to parental grandparents. Thus, custody granted to maternal aunt is quashed and now will be with the paternal grandparents.” The bench also urged both parties to leave aside their bitterness.
The order of the apex court came on a plea filed by 71-year-old grandfather Swaminathan Kunchu Acharya who along with his 63-year-old wife was aggrieved by a Gujarat High Court order granting custody of the child to maternal aunt.
