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Checking relevance for NIL RATAN KUNDU VS ABHIJIT KUNDU...
2008 0 Supreme(SC) 1205 : In a case where the mother of a minor child has passed away and the child is in the custody of the maternal grandparents, the court held that it would not be proper to hand over custody to the father of the minor child. The child, who was of sufficient intelligence, unequivocally refused to go and stay with his father and expressed happiness and a desire to continue living with his maternal grandparents. The court emphasized the child''''s welfare and preference, and allowed the appeal, affirming that custody should be granted to the maternal grandparents when the child expresses a clear wish to remain with them and is thriving in their care. This case is relevant under the Hindu Minority and Guardianship Act, 1956, Section 6, and the Guardians and Wards Act, 1890, which prioritize the welfare and best interests of the minor child in custody decisions.Checking relevance for Somprabha Rana VS State of Madhya Pradesh...
2024 7 Supreme 81 : In cases where the mother of a minor child has passed away and the child is in the custody of the maternal grandparents (mother''''s parents), the High Court has discretion under Article 226 of the Constitution of India not to exercise writ jurisdiction in a Habeas Corpus petition, even if the father is the natural guardian. The paramount consideration is the welfare of the minor child. The court emphasized that custody should not be disturbed at a tender age without considering the child''''s emotional and psychological well-being, especially when the child has been in the care of the maternal grandparents for over a year and has not met the father or paternal grandparents for a considerable time. The court held that such matters should be decided in substantive proceedings under the Guardians and Wards Act, 1890, before a competent Civil/Family Court, which is better positioned to assess the child''''s welfare through expert evaluation, regular interaction, and monitoring. The court also directed that the father be granted visitation rights (access) to the child, to be supervised by a child psychologist, to facilitate bonding. This principle applies even when the father is alive and legally entitled to custody, as the welfare of the child overrides legal rights.Checking relevance for Athar Hussain VS Syed Siraj Ahmed...
2010 1 Supreme 1 : In cases where the mother of a minor child has passed away and the father is alive, the personal law governing the minor (in this case, Mohammedan Law) gives preference to maternal relatives, especially the maternal aunt, in matters of custody. The court held that for interim custody, there is no reason to override this rule of personal law, and a prima facie case was found in favor of the maternal grandfather, aunt, and uncles. The welfare of the child is paramount, and the child''''s current residence should not be disturbed, especially if they are happy and cared for by maternal relatives. The fact that the father has remarried and the children have not had time to adjust to a stepmother is a relevant factor. The court emphasized that the balance of convenience lies in favor of maintaining the child''''s current custody with maternal relatives, particularly when it would cause irreparable injury to the child to be uprooted against their will. This principle applies even when the father is not proven unfit, as custody is distinct from guardianship under the Guardian and Wards Act, 1890.Checking relevance for Chandrakala Menon VS Vipin Menon (Capt. )...
1993 0 Supreme(SC) 52 : In a case where the mother of a minor child has passed away and the child is in the custody of the maternal grandparents, the father (being the natural guardian) may still be entitled to custody, but the court must decide based on the welfare of the child. The Supreme Court held that the custody of a minor child must be determined on the sole and predominant criterion of what would best serve the interest and welfare of the minor. In this case, the child was living with her maternal parents (grandparents), and despite the father being the natural guardian, the court awarded custody to the mother (who was alive at the time). However, the court emphasized that the child’s affection for both parents and the need for regular contact with the father were considered. The court directed that the mother and her father (maternal grandfather) undertake to bring the child to India once a year so the father could have her company, and that the father could visit the child in America. The court also allowed the father to approach the court if circumstances changed. This establishes that even when a child is in the care of maternal grandparents after the mother’s death, the father’s rights are not automatically superior, and the child’s welfare and emotional bond with both parents are paramount. The court’s order also confirms that the father may seek custody or visitation rights, and that the matter can be revisited if circumstances change.Checking relevance for Swaminathan Kunchu Acharya VS State of Gujarat...
Checking relevance for Anand Kumar VS Lakhan Jatav...
2022 0 Supreme(MP) 259 : In a case where the mother of a minor child has passed away and the child is in the custody of maternal grandparents, the welfare of the minor is paramount. The father, being the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, and being the biological father, is entitled to custody if it serves the child''''s welfare. The court held that the minor''''s growth and personality development would be more prominent under the father''''s guardianship due to better exposure, discipline, and financial stability, especially when the father is young, employed in a paramilitary force with regular income, and the maternal grandparents are elderly with no proof of steady income. The father''''s acquittal in a dowry and suicide case further supports his fitness. The maternal grandparents are granted visitation rights. This decision is supported by 2019 (4) JLJ 115 (SC) and AIR 1992 Ker. 290, and distinguishes (2009) 1 SCC 42.
