Custody of minor daughter when mother expired

Dear Querist,

Since an judgment had already been passed in favour of maternal grandfather and the father choose not to challenge it before the Supreme Court, that ordered attained finality, now any disregard of that order amounts to contempt of court and the court would issue show cause notice to him, and then take action for civil contempt against him, and restore the custody to maternal grandfather. Any change in circumstances that may warrant change of custody should be brought in the proper court because all custody orders are interlocutory and capable of being changed. 

Feel free to talk !

Father is the natural guardian. But again the it is a settled position that in any matter of custody, the welfare of the child is of paramount consideration. If the child is wants to and is happy to live with the grandfather and he is also capable of looking after her welfare then, the court may consider to give the custody to the grandfather. 

Dear Mr.Bharat Chugh Sir,

Will it be successful if the father appeals to SC and if so, on what grounds? Please list all the custodians (on priority basis) of the minor child who lost her mother as per Indian Laws?

Regards,

Balasubramani.P,

Dindigul, Tamilnadu, India.

Mob:+91 8300117802

The critical part of this case is the Madras High court judgement which gave custody to the maternal grandfather and then summer vacation time with the paternal grandfather.  Father is the natural guardian to the child.  What are the circumstances and the contents of the judgement/petition that led to exclusion of the father ?  What have to contested during that time of the petition ?  What are the grounds on which your custody rights given to you by the District court were challenged ?

Solely based on the priority basic the father is the natural guardian.  However interests and welfare of the child being paramount and somehow child's maternal and paternal grandparents were successful in convincing the courts about it, not you.

Consult a good advocate in your area and the custody situation can be modified.  You can not simply ignore the court orders and take her into your own custody.  You must appeal to the family court and apprise in it how you can serve the child's interests and welfare better than her maternal grandparents.  This includes good employment, enough free time and will to spend with the child and your wishes to put her in good schools etc.  

It appears your friend has not been advised legally by a competent lawyer at the right time.  Also, your friend did not probably show sufficient means and keen interest to take up the custody of the child.  This can be rectified, but not by disobeying the court orders.