SC puts grandparents before aunt in Covid orphan case

We request both sides to act jointly and cordially and have cordial relations, which shall be in the larger interest of the minor: Bench

Supreme Court.: File photo

R. Balaji   |   TT  |  New Delhi   |    10.06.22  : The Supreme Court on Thursday granted custody of a five-year-old Covid orphan to his paternal grandparents, saying that despite being pensioners, they would take better care of him than his well-off maternal aunt.

“There cannot be any presumption that the maternal aunt being unmarried, having an independent income (and being) younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents,” the bench of Justices M.R. Shah and Aniruddha Bose said.

“In our society, still, the paternal grandparents would always take better care of their grandson. One should not doubt the capacity and/ or ability of the paternal grandparents to take care of their grandson.”

The boy’s parents had died of Covid in May  and June  2021.

The apex court set aside a Gujarat High Court order that had handed over the boy’s custody to the maternal aunt on the ground that she was a central government employee with a decent income and lived in a large family, whereas the paternal grandfather was a pensioner.

However, the apex court indicated that the custody it was granting was of an interim nature, clarifying that its order would be subject to the outcome of guardianship proceedings, between the grandparents and the maternal aunt, now pending before a family court.

“It is said that the grandparents love the interest rather than the principal. Emotionally also the grandparents will always take better care of their grandson. Grandparents are more attached emotionally with  grandchildren,” the apex court said.

“It is reported that they have also managed to get admission of the minor in a school in Ahmedabad. The minor will get better education in Ahmedabad, which is a metro city compared to the education in Dahod (aunt’s place).”

The court said that the grandparents, being retired, “would devote more time and take care of minor better than respondent No. 4 ( the aunt) who is serving in the government department”.

“Income and/ or the age and/ or the bigger family cannot be the sole criteria to tilt the balance and not to give the custody of the grandson to the paternal grandparents,” the bench added.

Besides, the child had shown willingness to live with the grandparents, it noted.

The bench added that the aunt would have visitation rights, preferably once a month, and regular access to video calls subject to the convenience of the child, who will also be allowed to stay with the aunt during holidays.

It added: “We request both paternal grandparents and maternal aunt and her family (on the maternal side) to act jointly and cordially and have cordial relations, which shall be in the larger interest of the minor.”

The boy’s grandfather had challenged the high court order, passed on May 2.