'Institutionalised care can't substitute personal love, care of grandparents'

New Delhi: A Delhi court has observed that an ounce of personal love and care given to minor kids is worth more than tons of professional services rendered at any public institution.

Additional Sessions Judge Dharmender Rana questioned the conduct of a Child Welfare Committee for giving custody of two minor kids aged 3 and half years and 5 months old to children's home over the custody of their grandparents.

"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's home was chosen by CWC over the grand parents while deciding the custody issue of the minor kids in the instant matter," the court said, according to legal news website LiveLaw. The court made the observations while dealing with two separate appeals challenging the order of the CWC, filed by paternal grandmother and maternal grandfather of the minor kids.

Pursuant to a matrimonial discord, their mother was found dead in mysterious circumstances and the minor kids were also found unconscious with burnt marks. Two FIRs were then registered and the father of the kids was under judicial custody in the matter. The children were then produced before the Committee which, vide order dated July 2, 2021 entrusted the custody of the children to children's home.

Dealing with the matter, the Court was of the view that even the best of care and attention provided in a formal, institutionalized and alien environment of a children's home cannot be an appropriate substitute for personal love, care and affection of the grand parents towards their young children, who are in need of special care and affection.

"Personal care and affection is not only desirable for the wholesome growth of the kids but it is also essential for helping the kids overcome the grief of loosing their mother and company of their father. The younger infant all the more needs to be in personal care of the grand parents as he is not even in a position to express his agony and grief," the judge added.