• About
  • Contcat Us
Monday, March 20, 2023
Justice Bench
No Result
View All Result
  • Login
  • Register
  • Home
  • Articles
  • Online Internship
  • Forums
  • Home
  • Articles
  • Online Internship
  • Forums
No Result
View All Result
justice bench
No Result
View All Result
Home News

Income, age not ground for child custody; Supreme Court Hands over 5-year-old to grand parents

By Justuce Bench by By Justuce Bench
June 17, 2022
in News
Reading Time: 4 mins read
0
0
Income, age not ground for Child Custody; Supreme Court Hands over 5-year-old custody to grand parents

Income, age not ground for Child Custody; Supreme Court Hands over 5-year-old custody to grand parents

0
SHARES
26
VIEWS

The Supreme Court In Swaminathan Kunchu Acharya v. State of Gujarat, a bench of Justice MR Shah and Justice Anirudhha Bose, held that income, age, and/or the size of the family cannot be the sole criteria for tilting the balance and not giving the grandson’s custody to the paternal grandparents.

The 5-year-old who had lost both his parents to COVID-19 and the Gujarat High Court had handed over the custody to his maternal aunt and not his grandparents.

The following criteria weighed the High Court’s decision to hand over custody of the minor to the maternal aunt:

READ ALSO

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

  • The paternal grandparents are in their eighties – 71 and 63 years old, respectively
  • while the maternal aunt is 46 years old.
  • The maternal aunt has a larger family; the grandfather is a retired government employee, based on the pension against which the maternal aunt is a government employee, she will be better able to care for the minor.

The High Court, on the other hand, overlooked the fact that the youngster had expressed a desire to live with his paternal grandparents. In addition, the grandpa retained custody as a result of the High Court’s interim order. The High Court found no evidence that the paternal grandparents failed to properly care for the minor throughout the interim custody period.

As a result, the Supreme Court stated that while the reasons/grounds for granting custody to the maternal aunt may be important, they are not germane.

“There cannot be any presumption that the maternal aunt being unmarried having an independent income; younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents. In our society still the paternal grandparents would always take better care of their grandson. One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. It is said that the grandparents love the interest rather than the principle. Emotionally also the grandparents will always take care better care of their grandson. Grand Parents are more attached emotionally with grandchildren.”

The Court Stated

The Court also took into account the fact that the grandparents were able to enroll the kid in an Ahmedabad school.

The other factors the court relied upon are, In comparison to Dahod, the minor will receive a superior education in Ahmedabad, which is a city. The paternal grandparents, as retirees, would be able to devote more time and better care for the minors than the maternal aunt, who works for the government. Income, age, and/or having a larger family cannot be the main determining factors in deciding whether or not to give the grandchild to the paternal grandparents. The High Court found no evidence that the paternal grandparents failed to provide sufficient care for the little grandson while they held temporary custody of the corpus and/or behaved in the kid’s best interests.

The Court stated that, while it cannot be said that the maternal aunt will not take proper care of the minor son of her deceased sister, the High Court made an error in not handing over and/or continuing custody of the minor to the paternal grandparents based on the facts and circumstances of the case. 

“if the balance is to be struck between the paternal grandparents and the maternal aunt, for the reasons stated above, the balance would certainly tilt in favour of the paternal grandparents.”

The Court Stated

The Court, on the other hand, ordered that the maternal aunt have visitation rights with the minor on a regular basis, preferably once a month, subject to the child’s convenience. During vacations and/or holidays, the grandparents may allow the minor to visit and remain with the maternal aunt, according to the minor’s wishes and convenience, and provided that it does not interfere with the minor’s interests, including his education and extracurricular activities. It is also planned that the corpus and maternal aunt will have regular video calls.

The Court held order on 9.06.2022

Read Order

swaminathan_kunchu_acharya_vs_state_of_gujarat__orsDownload
Tags: Child CustodyJustice Anirudhha BoseJustice MR Shahsupreme court
ShareTweetSendShare

Related Posts

calcutta hc
News

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

February 24, 2023
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

February 24, 2023
pocso act
News

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

February 23, 2023
The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.
News

The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.

February 13, 2023
Justice Hima Kohli stated that Artificial Intelligence cannot replace the role of a judge or a lawyer, but it can handle cases such as traffic violations and cheque bounces.
News

Justice Hima Kohli stated that Artificial Intelligence cannot replace the role of a judge or a lawyer, but it can handle cases such as traffic violations and cheque bounces.

February 13, 2023
Central Government notifies appointment of Justice Sonia G Gokani as Chief Justice of Gujarat High Court
News

The appointment of Justice Sonia G. Gokani as the Chief Justice of the Gujarat High Court has been announced by the central government.

February 13, 2023
google news
google news

POPULAR NEWS

Justices DY Chandrachud, AS Bopanna, and Bela M. Trivedi,

Execution of Document not to be considered based on Admission of Sign on Document Rules Supreme Court

May 12, 2022
DIFFERENCE BETWEEN ADVOCATE AND LAWYER

WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

June 4, 2022
La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

May 20, 2022
Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

June 6, 2022
jug jugg jeeyo

Copyright infringement | Jugjugg Jeeyo movie stay refused by Ranchi court

June 25, 2022

Tags

advocate Algo Legal Allahabad HC Allahabad High Court Anil Deshmukh anticipatory bail Appointment of Judges bail Bombay high court calcutta high court central government cji Collegium Collegium Recommendations defamation delhi high court divorce Enforcement Directorate gauhati high court Gujarat High court Gyanvapi Mosque high court judges IPR Judicial Appointments justice bench karnataka high court kerala high court latest judgements law ministry legal news madras high court murder patna high court pil pocso act Rouse Avenue Court Sequoia Capital study material supreme court Supreme Court Collegium supreme court of india UAPA Union Law Ministry Uttar Pradesh varanasi court

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

by By Justuce Bench
February 24, 2023
0
calcutta hc
News

The Calcutta High Court in India recently refused to quash a criminal case involving charges under Section 377 and allegations...

Read more

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

by By Justuce Bench
February 24, 2023
0
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

The Bengaluru court issued a temporary injunction against IPS officer D Roopa Moudgil and 59 media companies from broadcasting defamatory...

Read more

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

by By Justuce Bench
February 23, 2023
0
pocso act
News

On Wednesday, the Supreme Court rejected an appeal against a Kerala High Court decision which had ruled that poking one's...

Read more

The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.

by By Justuce Bench
February 13, 2023
0
The Gujarat High Court has rejected a request by the wife of Sanjiv Bhatt, stating that police protection is not a guaranteed right.
News

The Gujarat High Court has rejected a petition filed by Shweta Bhatt, wife of former IPS officer Sanjiv Bhatt who...

Read more

About

Justice Bench is one of the fastest growing news legal portal in India, for latest Latest Legal News india, Supreme Court judgement updates, High Courts Judgments updates,Law Firms News in india, Law School News, Latest Legal News india visit us.

Follow us

google news
google news

Recent Posts

  • The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

Popular News

  • DIFFERENCE BETWEEN ADVOCATE AND LAWYER

    WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

    0 shares
    Share 0 Tweet 0
  • Allahabad HC rules Daughter has the right to demand maintenance from father

    0 shares
    Share 0 Tweet 0
  • [Gyanvapi Mosque] Plea to quash FIR Lucknow University professor refused – know more

    0 shares
    Share 0 Tweet 0
  • Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

    0 shares
    Share 0 Tweet 0
  • On custody of a surrogate child born before Surrogacy Act of 2021 the Allahabad High Court has sought a response from Centre

    0 shares
    Share 0 Tweet 0

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

No Result
View All Result
  • Home
  • Articles
  • Online Internship
  • Forums

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

Welcome Back!

Sign In with Google
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Google
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In