Bombay HC Grants Custody of Child to Aunt Due to Parental Issues

Bombay HC Grants Custody of Child to Aunt Due to Parental Issues

VoM News Desk | October 14, 2023 | 12:49 PM IST | Courts & Law | Follow on Google News

Bombay HC Grants Custody of Child to Aunt Due to Parental Issues

Bombay HC Grants Custody of Child to Aunt Due to Parental Issues

The Bombay High Court has granted custody of a child to his aunt after observing that the child’s mother had “deep psychological issues” and the father was “very aggressive.” The order, issued on October 5, noted that the child had been emotionally attached to his aunt, who had cared for him since birth. The court considered the moral and ethical welfare of the child in making its decision.

The court acknowledged the role of ‘parens patriae’ jurisdiction, which applies even when the petitioner is not a parent but an aunt of the child. The court ruled that the child’s welfare would be best served by the petitioner, declaring her the true and lawful guardian.

The child’s parents will still have access to the minor. The aunt, in her plea, stated that she had agreed with her brother and his wife, who suffered from psychological disorders, to take custody of the child when he was born. The aunt claimed to be in a better financial position to care for the child’s welfare and noted that the child’s health deteriorated when at his parents’ house.

In March 2021, the child’s father lodged a complaint alleging that the aunt had forcibly kidnapped the child without their consent. The child was later returned to the parents but was subsequently sent back to the aunt due to his deteriorating health.

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