The Court declared that the right to custody of child to natural guardian would not lose for the mere custody under relative for a particular period with proper care and protection.
- The Appellant (father) requested the sister-in-law to take care of his child.
- The reason would be the child’s mother died by the attack of Covid-19.
- After that the father remarried and asked her for the custody of the child. But she refused to hand-over the custody of the child.
- The respondent contended that the father would be permitted to meet the child during the visiting hours.
The Apex Court analysed the circumstance of the father and found that the father would be well-educated and employed in a government office and capable of being take care of his minor daughter.
Justice BR Gavai and Justice KV Viswanathan held that the appeal was allowed and the impugned order and judgement of the High Court was set aside and respondent was directed to hand over the child to her father.
Further, the Court held that the respondent was allowed to meet the child during the visiting hours as prescribed as every Wednesday b/t 4:00 pm to 6 pm.
The Court highlighted that the judgement delivered in the Tejaswini Gaud and Others V. Shekhar Jagdish Prasad Tewari and Other, the relatives of the deceased mother to hand over the custody of the child to the father.
CASE NAME: Gautam Kumar Das V. NCT of Delhi and Others.
NAME: Viswa ganesh K, BALLB (Hons.) School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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