Covid: SC gives orphaned boy's custody to grandparents

Satya Prakash

New Delhi, June 9

A legal battle over the custody of a six-year-old boy orphaned by Covid ended in the victory for his paternal grandparents as the Supreme Court on Thursday set aside a Gujarat High Court order that had granted the minor’s custody to his unmarried maternal aunt.

The Ahmedabad boy had lost his parents during the second wave of Covid last year and the high court had given his custody to his maternal aunt, a decision that was challenged by his paternal grandparents before the top court.

On Thursday, a Bench led by Justice MR Shah reversed the HC’s decision. “In our society, the paternal grandparents would always take better care of their grandson. They are emotionally more attached to grandchildren and the minor will get a better education in Ahmedabad in comparison to Dahod,” the Bench said even as it allowed the child’s maternal aunt visitation rights to meet the child.

“Maternal aunt can be attached (to the child), but paternal is paternal,” the Bench said.

The HC had given the custody of the child to his maternal aunt, saying she was “unmarried, employed with the central government and residing in a joint family which would be conducive for the upbringing of the child” even as noted that the boy was comfortable with his grandparents.

However, the top court set aside the HC’s order on the ground that income cannot be the sole criterion to deny the minor child’s custody to his paternal grandparents.

The high court had noted that the boy was comfortable with the grandparents.

However, it had given the custody of the child to the maternal aunt on grounds such as that she was “unmarried, employed with the central government and residing in a joint family which would be conducive for the upbringing of the child.”