Grandfather not `natural guardian', rules court

Grandfather not `natural guardian', rules court
UNITED NEWS OF INDIA

JAIPUR, MAY 15: The Rajasthan High Court has ruled that only the mother is the "natural guardian" of a minor child after the father's death and the grandfather has "no legal right" over his custody.

The court gave the ruling on a habeas corpus petition in which Chandrakanta, mother of seven-year-old Pawan, had her was in the ``illegal detention'' of her father-in-law, Banshi Lal who had taken him away from Upadhayaya Public School, Jaipur, on June 20 last year. The petitioner's husband Daulat Ram Soni had expired a week earlier on June 13.

``We are of the considered opinion that in preference to the mother, who is the natural guardian, the grandfather does not have a legal right to the custody of the minor,'' held a division bench comprising Justice G L Gupta and Justice J C Verma while delivering the judgement on Wednesday.

``As a matter of fact, the detention of Pawan by him (grandfather) is illegal, the welfare of Pawan lies in his living with the petitioner mother who is the best suited person to take care of him and rear him in the tradition of the family,'' the judges ruled.

The bench declared that ``the petitioner's son is in the illegal custody of the respondent Banshilal.''

The court said that the mother is the best person to take care of her child's health, education and all round development.

``If the respondent grandfather is worried so much about the welfare of the child what prevents him from rendering financial assistance to the petitioner for the study and bringing up of Pawan,'' the court observed.

Chandra Kanta had impleaded, her father-in-law and two officials of the state government as respondents in the case.

The judges pointed out that ``in the chambers, we wanted to know the wishes of Pawan but he did not give any reply and started weeping. He was not even prepared to see towards the petitioner. All the time, he was attracted towards respondent Banshilal.''