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THIS STORY IS FROM NOVEMBER 14, 2009

Court heeds child, gives custody to grandparents

Smriti Singh (https://timesofindia.indiatimes.com/toireporter/author-Smriti-Singh-479201009.cms) | TNN | Nov 14, 2009, 01:20 IST (/articleshowprint/5228400.cms)

NEW DELHI: Torn between warring guardians, a 13-year-old child has decided to safeguard his future. Realising that the
ongoing custody battle was taking a toll on his studies, the child asked the court to rework its order in a way that he would be
able to concentrate on his studies.

Considering the demands of the child to be rational, the court broke away from the conventional approach of appointing the
mother as the natural guardian and gave custody to his aged grandparents. ``The child is fit enough to form an
opinion...exercised in favour of his grandparents. The child fully understands that he is not doing well in studies and there was a
need for him to improve academically,'' additional district judge Kamini Lau said in an order delivered this week.

For nine years, Rishu (name changed) has been at the centre of a battle between his mother and his grandparents, who are
seeking his permanent custody after the death of their son. The aged couple had alleged that Rishu's mother had little time for
her son as she was too busy with her professional life. Rishu's mother had challenged the petition, claiming that she was the
child's natural guardian and also approached the NCW and lodged complaints against her in-laws. Meanwhile, she married a
doctor.

Even as the petition was pending, Kamini Lau drew up an interim arrangement under which Rishu was allowed to stay with his
grandparents and was to spend the weekends with his mother. This, however, disrupted Rishu's life and his academic grades
dipped sharply. After taking a chamber hearing with the child, the court realized that the child loved his mother but preferred to
stay with his grandparents, a choice he indicated to his school counsellor as well. The court also summoned the counsellor
who spoke of his lack of concentration.

Giving importance to his studies, the court realized that the child needed a less dysfunctional life. ``Handing over custody to
either parent is governed by paramount consideration of the welfare of the child and in so doing (the court) often leans towards
the mother for the reason that she is the natural guardian,'' said the judge. ``But it can no longer be ignored that in the given
case the mother as a result of her professional exigencies or otherwise has to perforce leave her minor child to the care of
other family members, particularly the elders who take over the duty and responsibility. In which process the minor child who
spent more time with the grandparents gets much more attached to them than his own mother.'' So, the judge handed over
custody of the child to the couple.

The court also modified the arrangement for the weekend visits to his mother to one day with the liberty to change it during
festivals and vacations.

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