Child’s custody taken from mother, given to grandfather:Gwalior High Court ruling; minor says he’s happy with him, mother wants third marriage

The Gwalior bench of the Madhya Pradesh High Court, in an important ruling, handed custody of a minor child to his grandfather. The court also set aside the Datia Family Court order that had granted custody to the mother. A division bench of Justice Anand Pathak and Justice Anil Verma said the child’s welfare is paramount and custody must be decided on that basis. The court found that the grandfather is a government teacher and can provide better arrangements for the child’s education, health and care. Child said – I am happy with grandfather The case related to a first appeal filed under Section 47 of the Guardians and Wards Act, 1890. The Datia Family Court had earlier allowed the mother’s application under Section 25 and ordered that custody be given to her. The grandfather challenged that order in the High Court. During the hearing, the child was produced before the court and said he was happy living with his grandfather and wished to continue staying with him. Mother has right to meet child once The court also noted that after the father’s death, the mother remarried and left the child with his grandparents. Later, she expressed a desire to marry for the third time, which could affect the child’s stable future. However, the High Court granted the mother the right to meet the child once every month. The grandfather has been directed not to obstruct her meetings with the child. The appeal was allowed and disposed of without costs.