Delhi HC set aside the decision of Child Welfare Committee: Grants custody of two children to maternal grandfather

Delhi HC set aside the decision of Child Welfare Committee: Grants custody of two children to maternal grandfather

A Delhi court questioned the Child Welfare Committee’s (CWC) decision to send the child to the Children’s home while hearing a case concerning custody of two children whose mother was found dead under mysterious circumstances and whose father was imprisoned for the same.

Judge Dharmender Rana said, “an ounce of personal love is more important than any amount of professional service” and thus granted custody of the child to his grandfather. The court on October 1 passed an order, disposing of two appeals filed under the Juvenile Justice Act. 

According to court records, there were marital disputes between the parents of the two children at the age of 3 years and 5 months The mother was found dead, the children unconscious with burns. The police had registered two different FIRs and the father was sent to judicial custody.

The children were then brought before the CWC, which sent them to a children’s home. The paternal grandmother and maternal grandfather of the children had filed separate custody applications.

The grandmother’s lawyer had argued that “since the children were already living with her, she, as the paternal grandmother, holds the right to custody of the children”. For his part, the grandfather argued that he was the best person to take care of the children in a sad state ”. He also argued that the grandmother and her family at first instance left the scene in order to avoid legal actions.

“Because of their tender age, children need special care, attention and affection. An ounce of love and personal care for the healthy growth of young children is worth more than any amount of professional service provided in a public institution. I don’t understand why the Child Welfare Committee chose the orphanage over the grandparents while deciding on child custody on this matter, ”the court said. 

The court, therefore, transferred custody of the two children to the maternal grandfather after he had found that the eldest son “expressed his clear inclination” to live with him. The court also pointed out that the paternal grandmother was a widow without income and during the investigation, the entire family on the father’s side had “disappeared to escape the clutches of the law and to put the little ones in a pathetic position”.

Drishti Miglani
I am Drishti Miglani, a fifth-year BBA-LLB student at Banasthali Vidyapith, Rajasthan. Being a first-generation lawyer, I am a highly motivated individual who is always keen on providing my level best at any task. My area of interest is criminal and constitutional law however isn't limited to the same. I am extremely enthusiastic about research and love the opportunity to expand my horizons of knowledge. I am an extremely unbiased individual who makes her opinion on a matter only after the analysis of a subject at the most minute details. I love to connect with people and know more about them, their culture, background. I look for opportunities to implement my skills and knowledge and gain some experience out of it.