Shashwati Chowdhury
Published on: June 7, 2022 at 19:12 IST
The Supreme Court will decide on the custody of a 6-year old Covid orphan between his paternal grandparents and maternal aunt since his parents died last year.
In 2021, when the second wave hit Gujarat, the boy’s father died on May 13 and his mother on June 12. The boy was taken to Dahod from his paternal grandparents’ house in Ahmedabad to attend his mother’s last rites, and he has not been brought back since.
The grandparents moved to the Gujarat high court for custody, concerned about his whereabouts, health, and education. “We noticed that he is comfortable with the petitioner and his wife (grandparents), however he was not in a position to give an independent preference between the petitioner and the maternal aunt” the HC justices noted in their judgment.
Despite this, the HC granted custody of the boy to his 46-year-old aunt on the grounds that she was single, employed with the central government, and lived in a joint household that would be ideal for the child’s upbringing. According to the HC, both the grandparents are senior citizens who rely on the grandfather’s pension.
According to the grandfather’s counsel, DN Ray, the HC erred by focusing on the grandparents’ age and neglecting better education facilities in Ahmedabad and the child’s familiarity with the city where he grew up when his parents were alive. He also mentioned that the child’s paternal uncle has a restaurant in Coimbatore and would help out if necessary.
The HC ruling handing the child’s custody to the aunt was stayed by a Vacation Bench of Justices MR Shah and Aniruddha Bose, who asked for her response by Tuesday to the grandparents’ plea for custody of their grandchild. The Bench adjourned the hearings and stated that it will consider the aunt’s answer before issuing the order on June 9.
The Bench stated that Ahmedabad’s educational facilities are far superior to those in Dahod, a tribal area also “Age of 71 and 63 is nothing these days. People stay strong even at more advanced ages,” the Bench remarked.
The Aunt’s counsel argued that “She was unmarried and that rearing a child requires some energy.”
The Bench replied, “When paternal grandparents say they are ready to take care of the child, they become more energetic.”