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Reasons Given By Gujarat High Court Not Germane While Giving Custody Of A Child: SC

CASE: Swaminathan Kunchu Acharya v. State of Gujarat 2022 (SC) 547

Shubhi Rathore | Prabhuat Bandhulya

CASE: Swaminathan Kunchu Acharya v. State of Gujarat 2022 (SC) 547 The Appellant, who is the paternal grandfather of the minor, approached the Supreme Court against the order of Gujarat High Court, which gave the custody of the minor child to his maternal aunt. The minor child lost his parents during the COVID-19 pandemic and since then the child has been staying with the appellant. But now, the custody is to be handed over to the respondent ie; the maternal aunt. The Appellant submits that the High Court has committed a serious error in handing over the custody as it has not cited any valid reasons in doing so. The reasons that the High Court gave were that the paternal grandfather is aged 71 years and his wife is 63 years old, hence they cannot take proper care of the child. The Appellant contends that such a reason cannot be accepted because this is a presumption that the court is raising and the child, who was staying with them before the order, has not stated anything against them rather he himself wants to stay with the grandparents. The Counsel of the Respondent contends that, as the maternal aunt is a spinster, a government employee and has a joint family, it would be beneficial for the kid to stay with her as she can devote more time to him.

The Supreme Court opined that the reasons given by the High Court may be relevant but not germane. In Indian society, grandparents will always do their best to take care of their grandson, as it is said that grandparents love the interest rather than the principle. Hence, the custody of the minor was directed to be continued with the grandparents. CASE: Swaminathan Kunchu Acharya v. State of Gujarat 2022 (SC) 547

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