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In a significant ruling, the Supreme Court has reaffirmed that the father has a superior right to the custody of a child over the grandparents, unless exceptional circumstances warrant otherwise. The judgment underscores that the welfare of the child remains the paramount consideration in custody disputes.
The case arose when the paternal grandparents of a minor sought custody, contending that they were better suited to care for the child. However, the father opposed this, asserting his primary right as the natural guardian. The court observed that while grandparents may play an important role in a child’s upbringing, their claim cannot override that of the father unless there is substantial evidence proving him unfit or incapable of taking care of the child.
The bench emphasized that under personal laws and the Guardians and Wards Act, 1890, the father is the natural guardian unless disqualified due to compelling reasons such as misconduct, inability, or unwillingness to provide proper care. The court ruled that emotional bonds or financial advantages of the grandparents do not automatically grant them a superior right over the father.
In its judgment, the Supreme Court reiterated that in custody matters, the child's best interests are of utmost importance. The court also highlighted that each case must be assessed on its own facts, and a blanket presumption in favor of any party is not justified.
This ruling sets a crucial precedent, reinforcing that unless there are valid reasons to deny a father custody, he retains the primary claim over his child.
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