Grandparents' Rights to Child Custody in India: What the Law Says

2023 0 Supreme(P&H) 3296

Section 25 of the Act, was filed by the respondents seeking custody of the minor child born on 26.01.2014 to their daughter and her husband i.e., appellant no.1.

In many cases the Courts have said broadly that the welfare of the minor must be the paramount consideration. In Regina v. Gyngall [2 (1993) 2 Q.B. ... In the present case however the Court need not give its decision in accordance with its own views of expediency. The law and the interests of the minor seem to me to coincide and to require that the girl should be in the custody of the first respondent. ... In such a case the right of custody devolves on the m....

2022 0 Supreme(MP) 259

Before parting, it is made clear that after handing over the custody of minor to father, maternal grandparents will have visitation right to interact with child and to take note of overall wellbeing of the minor on every Saturday and Sunday between 11 am to 2 pm and / or any days and time mutually fixed ... Precisely stated facts of the case are that respondent filed an application under section 6 of the Guardian and Wards Act, 1890 (hereinafter shall be referred to as “Act of 1890”) s....

2025 0 Supreme(Pat) 207

2. ... (iv) Whether the applicant is entitled to the guardianship and trusteeship of the minor girl child in the light of his claim to be guardian and natural guardian or the minor girl child should be given into the custody of the opposite party? ... OPW-1 is minor Shanvi @ Shanvi Yadav; OPW-2 is Ganga Devi respondent no. 2 and OPW-3 is Kapildev Narayan Ray respondent no. 1. 8. ... For proper care and delivery o....

2023 0 Supreme(HP) 280

respondent No. 1-Priti Devi is entitled to have custody of minor children. ... In all eventualities mother is entitled to have custody of younger child and it will be a cruelty to the children in case both of them are separated from each other and, therefore, custody of elder child is also deserves to be handed over to the mother with whom younger child will go. ... It has been further contended that when mother, natural guardian of....

2023 0 Supreme(Telangana) 23

The said Petition was dismissed observing that ‘the Court heard the minor child in view of Section 17(2) and (3) of the Act and the minor child stated to the Court that her grandparents are saying bad about her father, that she has no willingness to live with the grandparents and that she has no objection ... The said Application was dismissed vide order impugned observing that ‘the Court heard the minor child in view of Section 17(....

2024 7 Supreme 81

In the present case, the custody/detention of a minor child by the respondent Nos. 3 and 4 who are not the natural guardian of the Corpus, are not entitled to her legal custody. ... Whether the father is entitled to custody or not is a matter to be decided by a competent court, but surely, even assuming that the father is not entitled to custody, at this stage, he is entitled to have access to meet the ch....

2025 0 Supreme(Bom) 1057

The child was in custody of husband and paternal grandparents. Even when the couple separated under decree of divorce by mutual consent, custody of minor child was handed over to husband as per undertaking of respondent no.2/grandmother assuring court to take care of minor. ... Even when petitioner and her husband obtained decree of divorce by mutual consent, custody of minor was retained by husband and for care of....

Current Civil Cases

In the present case, admittedly, the minor child as on date is at the tender age of 2½ years (born on 03.09.2021) and therefore, the appellant / mother can claim custody over the minor child. ... 2. The minor child was born to their deceased son and that the minor child is aged about 1 year & 9 months. They had also sought visitation rights to meet their grand-daughter. 3. ... It is also subm....

2024 4 Supreme 265

In child custody matters, the power of the High Court in granting the writ is qualified only in cases where the detention of a minor by a person who is not entitled to his legal custody. ... It has been held that in child custody matters, the power of the High Court in granting the writ is qualified only in cases where the detention of a minor by a person who is not entitled to his legal custody. ... It is submitte....

2019 0 Supreme(P&H) 2200

It need not be overemphasized that affluence and superior financial condition of the respondents-grandparents cannot be a ground to deny the custody of a minor child to a mother, who is the natural guardian of a child. As per the appellant, she is working as a lab technician and drawing a salary of Rs. 10,000/- per month. In the case in hand, both the parents of the minor child i.e. the father and the mother are very much alive though estranged and not legally divorced. Even the Court below has completely erred in denying the appellant-mother the custody of the minor child ....

2018 0 Supreme(P&H) 4045

One of their daughters, who is married and is living in US, has no issue and the other daughter married with the appellant is no more and has left behind her daughter. 7. On the other hand, learned counsel for the respondents, who is on caveat, has submitted that although the respondents being the maternal grandparents of the minor child are entitled to her custody but they were satisfied with the visitation rights give to them by the learned Court below.

2018 0 Supreme(SC) 723

The Court then adverted to the decisions in Surinder Kaur Sandhu v. Harbax Singh Sandhu and Anr., (1984) 3 SCC 698, Aviral Mittal v. State, (2009) 112 DRJ 635, Shilpa Aggarwal v. Aviral Mittal and Anr., (2010) 1 SCC 591, Dr. V. Ravi Chandran v. Union of India & Ors., (2010) 1 SCC 174, and Nithya Anand Raghavan (supra), to opine that the Court in the US seemed to be the most appropriate Court to decide the issue of custody of M, considering that it had intimate contact with the parties and the child. It went on to observe that it was neither inclined nor in a position to undertake a detailed ....

2014 0 Supreme(P&H) 1380

In that case, the minor child was in custody of grandparents under orders of competent Family Court. In Saihba Ali v. State of Maharashtra and others, 2003 (4) R.C.R. (Civil) 273, the Hon'ble Supreme Court held that writ petition was not maintainable but observed that to do complete justice, the Court could pass an order in the interest and welfare of the minor that mother be given the visiting rights, but it was never laid down that no relief could be granted in a writ petition to do complete justice even in writ petition.

2010 0 Supreme(Ker) 788

The learned counsel for the appellants submits that even prior to Ext. Its grandparents, who have been keeping the child in their custody as acknowledged under Ext. B1, have expressed their inability to effectively manage and look after the child now. The learned counsel for the appellants submits that there is immediate necessity to pass interim orders regarding the guardianship and custody of the minor child.