Child living with Maternal Grandparents can't be said to be in Illegal Confinement:Gujarat HC

Team SoOLEGAL 21 Jun 2022 2:28pm

Child living with Maternal Grandparents can't be said to be in Illegal Confinement:Gujarat HC

New Delhi: If a father remarries during the subsistence of his first marriage, the Gujarat High Court has ruled that custody of a minor with his maternal grandparents is not illegal custody or confinement.

The Division Bench of Justice Vipul M. Pancholi and Justice Rajendra M. Sareen was hearing a criminal petition in which the petitioner, a father, requested that the police authority produce the corpus before the Court and hand over custody of the corpus to him.

According to the petitioner's case, he remarried even while his first marriage was still active, and he has two children from the second marriage. The petitioner's wife has been residing at her parental home since 2016 when the minor was 3.1/2 years old, and the minor has since been with the respondents-maternal grand-parents. The petitioner made several unsuccessful attempts to obtain custody of the corpus. As a result, the petitioner has chosen the current petition as a last resort to obtain custody of his minor son.

It has been argued that the minor son requires his father's love and affection, and thus custody of the minor corpus should be given to the petitioner.

While dealing with the case, the Court ascertained the minor's wishes, who stated that he would like to live with the respondent-maternal grandparents.

The Court ordered that the minor's custody be continued with his maternal grandparents – respondents herein, considering the corpus's welfare and happiness, because the petitioner has remarried and has two children and the corpus has been residing with his maternal grandparents for about 6 years.

"Considering the overall facts situation, custody of the minor cannot be handed over to the petitioner herein who has remarried and has two children. In any way, the custody of the corpus with the respondent Nos.4 and 5 – maternal grandparents cannot be said to be illegal custody and it cannot be said that the corpus is in illegal confinement. Hence, no interference of this Court is warranted and hence the present petition is dismissed."

Tagged: Maternal Grandparents   Illegal Confinement  
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