Guardianship
Custody of minor child—Challenge to the order passed by a writ court in a hapeas corpus petition which denied the custody of the child who was with his grand-parents; his mother having passed away—Father is seeking custody of child from the grand-parents who were also looking after the child with the help of siblings of the mother—Father is an educated person and holding a responsible position having been appointed to the administrative services of the State—Though the father has re-married, it cannot stand against the claim for custody; especially since otherwise, there would have been a question raised as to how the child would be taken care of; the father being engaged in his work—Father, the natural guardian, is well employed and educated and there is nothing standing against his legal rights; as a natural guardian, and legitimate desire to have the custody of his child—Welfare of child would be best served if custody is given to the father—Custody of child granted to the father with direction that child to be retained in the custody of grandfather till completion of the academic year and visitation rights granted to the grand-parents post–handing over the custody to the father. [Constitution of India, 1950, Article 226]
[Paras 9 to 11]