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Maternalfather of a Minor can also get Custody of

Raj Kumar Makkad ,
  27 September 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Appointment of Guardian - Custody of a minor child - Whether custody of the minor to be entrusted with the maternal grandfather as ordered by the District Court or with the father as directed by the High Court?
Citation :
Shyamrao Maroti Korwate v. Deepak Kisanrao Tekam (Decided on 14.09.2010) MANU/SC/0701/2010

Held, the impugned order of the High Court modified. The Appellant-maternal grandfather permitted to continue the custody of the child till the age of 12 years as ordered by the District Judge. As the child has continuously been living with the maternal grandfather and his family from the date of his and getting good education at their hands, after taking note of the position of the father of the child who is working 90 kms away from his house in a rural village, order of the High Court modified. Appellant grandfather to have the custody of the child till the age of 12 years as ordered by the District Judge. This conclusion was based on welfare of the minor as provided in Section 13 of the Act 1956. Since on completion of 12 years, a fresh decision is to be taken about entrusting the custody of the minor child, while modifying the order of the High Court as mentioned above, Court issued some directions regarding the visitation rights of the father.

 
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Published in Family Law
Views : 2361




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