Supreme Court of India
Swaminathan Kunchu Acharya v. State of Gujarat & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court handing over the custody of the minor corpus to respondent No. 4 – maternal aunt rather than handing over the custody of the minor corpus to the appellant – paternal grandfather is unsustainable and the same des erves to be quashed and set aside and is accordingly, quashed and set aside.
Judgment, page 9
From the headnote
Custody – Of minor child – 5 year old child lost his pare nts in the Covid-19 pandemic – Appellant is paternal grandfa ther of the child, and he and his wife– paternal grandparents sou ght custody of the child – Writ petition seeking writ of habeas co rpus filed by appellant – Contesting Respondent No.4 is maternal aunt of the child – High Court handed over custody to respondent No.4 – Held: On facts and circumstances, High Court erred in not handing over and/or continuing the custody of the corpus–grandson to appel lant / paternal grandparents – Income and/or the age and/or the bigger family
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