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Supreme Court of India 2022-06-09 allowed

Swaminathan Kunchu Acharya vs State of Gujarat & Ors

Bench: 2 — M.R. Shah

In Brief

A paternal grandfather sought custody of his five-year-old grandson after both parents died in the COVID-19 pandemic. The High Court awarded custody to the maternal aunt. The Supreme Court held that presumptions based on age, income, or family size alone cannot override the ordinarily superior position of paternal grandparents. Since the grandfather had cared for the child during interim custody without complaint and the child expressed willingness to stay with him, the Court reversed the High Court's order and restored custody to the paternal grandparents, while granting the maternal aunt visitation rights and directing cordial relations between families.

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Family Law Guardianship Custody of Minors Child Welfare Habeas Corpus Constitutional Law

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