Daily Judgement

Merely because father is natural guardian, custody of minor cannot be handed over to him.
Updated On : Jan 18, 2023 | Goutam Bhaduri J | High Court of Chhattisgarh | AIROnline 2022 CHH 750

The minor child was in lawful custody of his grand-parents since death of mother and after his father contracted second marriage. The minor has not spent even single day with his father till now. The father have never enquired about the minor nor visited him even on any singular occasion. The minor was growing up well in an atmosphere conducive of its growth. The minor was not unhappy with his maternal grand-parents, who were taking every care for his welfare. On other hand, the father had no love and affection for his son also made no efforts to seek custody soon after his birth. Merely because the father is natural guardian, custody of the minor cannot be handed over to him. The Chhattisgarh High Court in AIROnline 2022 CHH 750 found no reason to disturb the custody of minor currently with his grandparents. The father was however held entitled to visitation rights.

Aamod Vairagkar