Supreme Court: Supreme Court verdict in custody dispute between father and relative | Delhi News

New Delhi: The Supreme Court has said that transfer of temporary custody of a minor child to a relative does not deprive the natural guardian of the right to regain custody as the welfare of the child is best ensured in the natural family setting.
A bench comprising BR Gavai and KV Viswanathan allowed the petition of a father seeking custody of his daughter from his sister-in-law, to whom he had handed over the child after the death of his wife and father during the Covid-19 pandemic.
The father got his sister-in-law to help him take care of his child and gave her custody of the child as a temporary solution to get through the difficult time he was going through due to the loss of his wife and father. However, the sister-in-law refused to give him custody of the child and did not allow him to see her daughter, so he initiated legal proceedings against her.
Referring to various judgments, the court stated that relatives can take care of the child for a certain period of time but cannot retain custody of the child. The court said there was no case that the father was unable to take care of the child.

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