Bombay High Court has ordered a woman to return her five-year-old grandson to his biological parents, ruling that her emotional bond with the child does not give her superior custody rights. The court emphasized the parents’ primary rights.
The Bombay High Court mandated that a woman return custody of her five-year-old grandson to his biological parents, emphasizing that her emotional connection with the child does not grant her superior rights to his custody.
The child had been living with his paternal grandmother while his parents cared for his twin brother, who has cerebral palsy.
However, following a property dispute, the child’s father requested his 74-year-old mother to relinquish custody. When she refused, he turned to the high court for assistance.
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The grandmother contested the request, asserting that she had raised the child since birth and had formed a strong emotional bond with him.
A bench comprising Justices Ravindra Ghuge and Gautam Ankhad observed that while the grandmother shares a close emotional connection with the child, such feelings do not confer greater custody rights over those of the biological parents.
The court asserted that the rights of biological parents can only be limited if it can be demonstrated that granting them custody would harm the child’s well-being.
It further noted that there was no evidence of marital discord between the child’s parents, with the father employed by the city’s civic body, indicating their capability to care for the child.
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The court emphasized that a child should not be deprived of parental care due to disputes involving the grandmother and the parents, stating that property issues do not negate parental custody rights. It concluded that the grandmother lacks legal grounds to retain custody, especially considering her age.
In its ruling, the bench acknowledged that the biological father, as the natural guardian, holds an undisputed legal right to seek custody of his child.
The court dismissed the grandmother’s claims regarding the parents’ emotional and financial inability to care for the twins, noting,
“Custody cannot be denied on the basis of these allegations.”
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The court ordered the grandmother to transfer custody of the child to the father within two weeks, highlighting that the child’s welfare is the primary concern in custody cases.
However, the court also instructed the parents to permit the grandmother to visit the child.
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