covid: Covid orphan’s custody battle: Aunt vs grandparents | India News

NEW DELHI: Supreme Court will decide on custody of a six-year-old Covid orphan boy, who has been at the center of a custody battle between his paternal grandparents and maternal aunt since the deaths of his parents last year.
The boy’s father died on May 13 and his mother on June 12 when the second wave was at its peak. Gujarat in 2021. Grandma’s relatives brought the baby to Dahod from his paternal grandparents’ house in Ahmedabad to attend his mother’s last rites and since then he has not been brought back.
Concerned about the boy’s whereabouts, health and education, the grandparents moved to the Gujarat high court to seek custody. The HC judges interacted with the child and recorded in sentencing: “We found that he was comfortable with the petitioner and his wife (grandparents), however he did not have the right of prerogation. independent ancestor between the requestor and the biological aunt. ”
Despite this, HC gave custody of the boy to his 46-year-old aunt on the grounds that she was unmarried, worked for the central government and lived in a joint family, which would benefit the child’s upbringing. young. In contrast, grandparents are both elderly and dependent on their grandfather’s pension, HC said.
Grandfather advice DN Ray said HC made a mistake considering the age of the grandparents, ignoring the better educational facilities in Ahmedabad and the child’s familiarity with his surroundings in the city where he grew up. up while its parents were still alive. He also said that the child’s biological uncle has his own restaurant business in Coimbatore and will join if there is a need.
A rest bench by Judges MR Shah and Aniruddha Bose upheld the HC’s order to give custody of the child to the aunt, and sought her response on Tuesday to the grandparents’ plea to seek custody of the grandchild. their. The bench concluded the arguments and said it would consider the aunt’s response before announcing the order on June 9.
The bench man says that the educational facility in Ahmedabad is much better than in Dahod, a tribal area. Regarding the disqualification of 46-year-old unmarried grandparents from the status of 46-year-old grandparents, the manager asked a lawyer to explain how grandparents, aged 71 and 63, can not eligible for custody of their grandchildren. “The age of 71 and 63 is nothing these days. People remain strong even at an older age,” the bench commented.
When the aunt’s advice argues that “she is unmarried and raising a child takes some energy,” the bench says, “when grandparents say they are ready to take care of the child, they become more energetic. It would be better if he stayed with his grandparents.”

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