Shivani Thakur
Published on: June 10, 2022, at 16:10 IST
A Vacation Bench led by Justice M.R.Shah was hearing a child custody battle between the maternal aunt and paternal grandparents of a child, who had lost both the parents.
The Supreme Court said, “It cannot be taken for granted that a relative with a big family, independent income and young can take better care of a child”.
The maternal aunt made a claim that she was unmarried, salaried and younger than the child’s grandparents.
But the Court did not agree, and observed that: “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 also observed, “Income and/or the age and/or the bigger family cannot be the sole criteria to tilt the balance and not to give the custody of the grandson to the paternal grandparents.”