In Brief
A 71-year-old paternal grandfather sought custody of his 5-year-old grandson who lost both parents during the COVID-19 pandemic. The Gujarat High Court awarded custody to the maternal aunt, citing her younger age, government employment, and larger family. The Supreme Court allowed the grandfather's appeal, holding that emotional attachment, the child's stated preference, and demonstrated capable care during interim custody—not age, income, or family size—are determinative. The Court directed that custody be continued with paternal grandparents, with visitation rights for the maternal aunt.
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