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Known (B)     01 March 2010

Paternal grandparents as guardians of our only grandson


Both my son & daughter-in-law r unemployed and not in good terms and living separately.

Can we the paternal grandparents (Retired Govt Employees) become guardians of our only 3 year old grandson through a court decree.

Please advice.


 5 Replies

Suchitra. S (Advocate)     01 March 2010

Sir, law considers natural parents of a child as the legal gaurdians. If you want to be the gaurdian, then, both of them have to give consent. Also, you are an aged , retired person. Court will have to look into that matter as well , in the interest of the child. If all the factors are proved favorable to decide that you can be the gauridain of the child, you may be considered as gaurdian.

1 Like

Known (B)     01 March 2010

'both of them have to give consent'

Isn't welfare of the child paramount to the court, instead of their consent?

Could you please tell me if there are any cases of this type in court.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 March 2010

If mother of your grand-son is not agree then there are no chance for you.

Known (B)     02 March 2010

Thank you Mr Raj Kumar & Ms Suchitra.

Daksh (Student)     02 March 2010

Dear All,

In my considerate view my unknown wants to clarify one pertinent question to the effect that in the eventuality of the natural guardians of the minor are not having good terms and are living separately then through the court's intervention keeping in view the best interest of the minor in mind "ARE COURTS COMPETENT TO GIVE ORDER TO THIS EFFECT"

The answer to this query although conditional to the NOC by the parents is affirmative.

I hope this clarifies the air for once and all.

Best Regards


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