The Bombay High Court has ruled that emotional attachment between a child and their grandparents does not grant the latter a superior claim over the custody rights of the biological parents.
A division bench comprising Justices Ravindra Ghuge and Gautam Ankhad delivered the verdict on September 4, while allowing a father’s habeas corpus petition seeking custody of his son.
Background
The petitioner and his wife were blessed with twin boys on November 12, 2019. Following the retirement of the petitioner’s father from the Brihanmumbai Municipal Corporation (BMC), the petitioner assumed his position. At the time, the family mutually decided to have one twin stay with the grandparents and the other with the biological parents.
However, disputes later arose between the parents and the grandparents, leading to the parents living separately. The grandparents subsequently refused to return the child to his parents.
Court’s Observations
The bench emphasised that the biological father, as the natural guardian, holds an undisputed legal right to his child’s custody unless it is shown that such custody would be detrimental to the child’s welfare.
“Though the grandmother may share an emotional bond with the child, such attachment does not confer upon her a superior right to custody over that of the biological parent,” the Court observed.
It further noted that there was no evidence of marital discord between the parents and that the father, employed with the BMC, was financially capable of caring for both children. One of the twins, who suffers from cerebral palsy, was already in his care.
The judges also pointed out that property disputes or familial disagreements cannot deprive parents of their rightful custody.
Final Direction
Highlighting that the grandmother, aged 74, had no legal entitlement to retain custody and had even sought maintenance from the petitioner, the Court ordered her to hand over the child to his biological parents.
