Grandfather denied minor's interim custody

Refusing a man interim custody of his three-year-old grand-daughter, a Delhi court has said that only because the child’s father and his family are facing a trial for the unnatural death of her mother, her interim custody cannot be ordered to be shifted.

The court also noted that the minor told it that she was comfortable in the care and custody of her father and his family and did not recognise her maternal grandfather.

‘No doubt, the respondents (minor’s father and family) are facing criminal trial for the unnatural death of the mother of the 

child and onlyfor a reason that the respondents and their family members are facing criminal trial for the unnatural demise of the mother of the child, the interim custody of the child cannot be ordered to be shifted,’ additional district judge P K Matto said. 

‘Since the child has told this court, in chamber, that she is quite comfortable in the care and custody of the respondents, so, taking into consideration all the facts, circumstances.

‘I am inclined to hold that with the shifting of interim custody of the child, the education of the child can be disturbed and the child may feel mental agony and may be deprived from the love and affection of her father,’ the court added.