Court says no to mother, grants child's custody to grandparents

New Delhi, Jul 19 (UNI) A Delhi court today granted the custody of a minor child to the grandparents rejecting the plea of her biological mother.

Ms Y (name changed) was married to Mr X (name changed) on June 11, 1998 as per Christian rights and customs and two children were born out of their wedlock, one daughter of nine-and-a-half yrs and son of 7 yrs at present.

After the death of her husband in March 2007, the girl child was staying with the maternal grandparents, while the boy was living with the mother.

Later, the girl's mother filed a petition before the court for her custody. The woman pleaded before the court that being the biological mother, she is in a better position to look after her.

She also said that her son was being deprived of his sister's company.

After hearing both the parties, Additional District Judge Kamini Lau observed that the main consideration in the present case is the child's welfare.

Granting her custody to the grandparents, the judge said it can no longer be ignored that there is a societal shift in urban india that women in addition to the role of house keeping have also undertaken the role of the bread earner and therefore, the desirability of relook arises at such an approach.

Due to the dual role that the mother performs, she has to per-for leave her minor children in custody of elder members of the family who are substitute for her. In the process, minor children will spend more time with their grandparents and feel comfortable too, the court noted.

There are also not very rare instances where fathers have also taken the care of the children better than their mothers, the court underlined.

The court said that in the present case, the girl child is attached to her grandparents and uncle, so should continue staying with them, but both the kids must spend time together at least for a month in a calendar year.

UNI XC ATI RP CS1940