In CR No.5480 of 2022-PUNJ HC- P&H HC upholds lower Court’s order granting custody of minor child to single mother
Justice Anupinder Singh Grewal [02-02-2023]

 

Read Order: Gyarsi Devi v. Smt. Savita

LE Correspondent

Chandigarh, February 7, 2023: While dealing with a petition filed by a minor child’s grandmother seeking her custody, the Punjab and Haryana High Court has upheld the lower court order whereby the said custody was granted to the child’s mother.

The Bench of Justice Anupinder Singh Grewal observed,  "It is also recorded in the impugned order that the age of the petitioner is 75 years. The respondent-mother is the natural guardian of the child. She herself is stated to be a single parent at the moment and I do not find any pressing circumstances to deny the custody of the minor daughter to the mother."

The Bench also added, "However, it would be in the interest of the minor child if she has love and affection for the mother and the parental grandmother as well. The Family Court is directed to explore the possibility of reconciling…"

The petitioner challenged the order of the Principal Judge, Family Court, Rewari, whereby interim custody of the minor child was granted to the respondent-mother.

It was the case of the 74-year-old paternal grandmother of the minor child (petitioner) that unfortunately her son had expired and she was drawing a monthly pension of Rs. 20,000/-, therefore, she was in a position to take care of the needs of the child. 

The Counsel further added that the child was studying in a reputed play school at Rewari and she (the petitioner) had all the time to devote for the proper upbringing of the minor child. He also submitted that the respondent had remarried after the death of her husband, but the marriage ended in a divorce.

After hearing the parties, the Court observed that it was indeed an unfortunate situation where the father of the minor child had expired. The Bench further observed that the Family Court by the impugned order directed that the custody be given to the respondent-mother, as at the time of filing of the petition the minor child was less than 5 years old.

The Bench was of the view that although the petitioner's counsel submitted that she was drawing a pension of Rs. 20,000/- per month, it has come in the impugned order that she was in fact drawing an amount of Rs. 10,000/- per month.

"It is also recorded in the impugned order that the age of the petitioner is 75 years. The respondent-mother is the natural guardian of the child. She herself is stated to be a single parent at the moment and I do not find any pressing circumstances to deny the custody of the minor daughter to the mother", the Bench held. 

Consequently, the petition was dismissed. However, the Court held that it would be in the interest of the minor child if she had love and affection of the mother and the parental grandmother as well. Thus, the Family Court was directed to explore the possibility of reconciling the differences between the parties by trying mediation before finally adjudicating the dispute over the custody of the minor child on merits.