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Authored by - Ambika Swain (Intern at Legal Soch Foundation)
Meta Description: Delhi High Court’s recent judgement is on the determination of the child custody following the death of the mother and the father getting married again. This judgement has been made to look into the welfare of the child prioritizing what is best for the child.
Keywords: Child, Custody, Remarriage, Natural guardian, Child Welfare
The father was arrested in 2010 for the alleged charges that was made against him for the dowry death of his wife (Child’s mother). In 2012, he was acquitted for the charges that had been made against him.
The maternal grandparents claimed that they are the legal guardian of the child which Family court dismissed at first and it led to an appeal before the High Court of Delhi. Even if the father is married and had a child with the second wife, doesn’t make him disqualified from being a natural parent to the child with the first wife.
Other than criminal charges where he was acquitted ultimately, record shows that he was not charged with any other accusations. In this argument also, the court held that the father can’t be disqualified from being a natural guardian.
When the child was only 1.5 years old, he started living with his maternal grandparents due to which he was attached to them than his father. The child is 15 years old now and prefers to continue staying with his grandparents only.
Because of the love and affection shown by the maternal grandparents doesn’t lessen the love of the father (natural parent). Financial status shouldn’t be a consideration for determining the custody of the child was also mentioned by the court. The court was in a dilemma because the law says that the natural parent should have the custody but the interest and what is good for the child has to be taken note of.
The judgement given by the court was given in the best interest of the child and was allowed to stay with his grandparents. The father was granted to visit the child for one year and later on this judgement may get revised looking into the application submitted by the father.
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