New Delhi: The Supreme Court on Thursday said paternal grandparents should be preferred while granting custody of a minor child after the demise of his/her parents as they can take care of the kid better than other relatives who also may have sought custody.
A vacation bench of Justices MR Shah and Aniruddha Bose said that grandparents are emotionally more attached to grandchildren than their own children and can take better care of the child despite old age. The court quashed the Gujarat High Court’s order granting the custody of a five year old boy to his maternal aunt while turning down the plea of his grandparents for custody. The child had lost his parents in the second wave of the Covid pandemic.
The HC had passed the order in the favor of the maternal aunt on the assumption that she was better suited to take care of the child because of the old age of grandparents, who were 71 and 63 years old, and she had a better source of income and also because she was living in a joint family.
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