Shivani Gadhavi –
Published on: November 05, 2021 at 18: 10 IST
The Delhi Court criticised the Child Welfare Committee for granting custody of two children, whose mother died under mysterious circumstances, to a children’s home instead of their grandparents.
Additional sessions Judge Dharmender Rana said, “The kids on account of their tender age require special care, attention and affection. An ounce of personal love and care for the wholesome growth of the minor kids is worth more than tons of professional services rendered at any public institution. I fail to understand as to why the Children Home was chosen by Child Welfare Committee over the grandparents while deciding the custody issue of the minor kids in the instant matter.“
Custody of the two children, one aged 3.5 years and the other one at 5 months, was later granted to their maternal grandfather. Two separate Pleas were filed by the children’s paternal grandmother and maternal grandfather seeking their custody.
The paternal grandmother said that the custody should be granted to her as the children were already residing with her. The maternal grandfather argued that the grandmother and her family had vanished from the scene to avoid legal action following the FIRs, “Leaving the children in an abandoned and pitiable condition”.
The Court, hence, ruled that the CWC’s decision to send the two children to a children’s home was “erroneous and cannot be sustained.” The Court stated that it was granting custody of the two children to their maternal grandfather as the elder child “expressed his unambiguous inclination” towards him.
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