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Father can be deprived of child's custody: SC PDF Print E-mail
(1 Vote)
Written by Press Trust of India   

New Delhi: The Supreme Court has ruled that custody of a minor can be given even to a maternal grandmother if the father, who is a natural guardian, is incapable of taking adequate care of the child.

The apex court said though the law mandates that the father is the natural guardian of a child, the right at the same time is not absolute.

"Ordinarily, under the Guardian and Wards Act, the natural guardians of the child have the right to the custody of the child, but that right is not absolute and the courts are expected to give paramount consideration to the welfare of the minor child," a bench of Justices Tarun Chatterjee and H L Dattu said.

The apex court passed the ruling while granting custody of a minor girl Angha to her maternal grandmother Anjali Kapoor.

Earlier, a trial court and the Madhya Pradesh High Court, both had directed the custody of the child to Rajiv Baijal as he was a natural guardian.

The custody battle commenced after Rajiv's wife Meghna died on May 5, 2001 after delivering the premature child.

Anjali's case was that Rajiv was incapable of taking care of the child as he failed to visit her at the hospital when she was in the incubator nor does he have the financial wherewithal to bring up her in a good way as he was earning a meagre Rs 5,000 odd salary per month.

 



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