Earnings is not the one consideration for granting youngster custody, Supreme Court docket says – The Leaflet

A Supreme Court bench composed of Justices MR Shah and Aniruddha Bose on June 9 overturned an earlier Gujarat High Court decision granting custody of a five-year-old child to his maternal aunt. In the case of Swaminathan Kunchu Acharya v. Gujarat State, the Chamber of Judges issued the Order to give custody of the child to the paternal grandparents. The leaflet breaks down this order to understand its relevance.

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What did the contested High Court order?

The child stayed with his parents in Ahmedabad until 2021. Due to the second wave of Covid-19, both of the child’s parents died within a few months. While the child’s parents were infected, the child had stayed with his maternal aunt, against whom the case was brought in the High Court.

The paternal grandparents appealed to the Supreme Court, claiming that they were not allowed to visit their grandson or even enter their son’s home. Despite this, the Supreme Court continued to grant the maternal aunt custody, although it ordered her to give the paternal grandparents the right to meet the child regularly. She was also instructed to arrange for the child to be admitted to a school in Dahod, where she was staying, for the new school year. Angered by this decision, the paternal grandparents appealed the Gujarat High Court decision.

The High Court had found in its decision that the maternal aunt was a single woman who was a central government employee and that she was part of a family together. In contrast, the paternal grandfather was a retired government employee living on a pension. It has been argued that she is better able to care for the child as she has a higher education, a decent salary and is part of a larger family together. Therefore, the High Court held that custody of the child should be given to the maternal aunt.

Why did the Supreme Court reverse the decision?

However, the Supreme Court found that through previous Supreme Court orders the child had shown his propensity to remain with his paternal grandparents. The Supreme Court also found that despite the factors that exist, the grandparents will become more emotionally attached to their grandchildren. The applicants had also obtained admission for the child to a school in Ahmedabad, which is a large city compared to Dahod. As pensioners, they also have enough time to take care of the child. Income and larger family cannot be the only criteria for determining custody. It also noted that the maternal aunt should have regular visitation rights and may be allowed to visit and stay with her during vacations or holidays.

Also Read: Supreme Court Rules Parents’ Rights Irrelevant in Custody Battle: Why the Decision May Backfire

What was the rationale?

Between the two, the Supreme Court held that “the balance would certainly tip in favor of the paternal grandparents,” noting that this decision should not be misconstrued as meaning that the maternal aunt could not care for her nephew. Aside from this claim, the Supreme Court has not offered any reasoning as to why grandparents might be better suited. Finally, it instructed that both parties should act together and heartily in the minor child’s greater interest, especially given that he lost both parents at the young age of five.

If one were to speculate about the rationale, what could it be?

The Supreme Court has given priority to emotional security over economic security in this case. It also made the child’s holistic education and development a factor that said he would grow up better in a metropolitan city like Ahmedabad than in Dahod.

Also Read: Kerala mother’s struggle for custody of her child: law versus patriarchy

Is the decision binding?

This is an order resulting from an Article 132 criminal appeal. It will not set binding precedent for lower courts as it is an order and has no jurisprudential analysis. As no specific rationale is given for preferring grandparents to aunt, it is unlikely to be used in other cases involving grandparents and aunts or uncles.