Madras High Court Entrusts Guardianship to Maternal Grandparents in a Child Custody Dispute Involving Deceased Parents’ Families
In a significant judgment, the Madras High Court, Madurai Bench, led by Hon’ble Mr. Justice P. Dhanabal, has resolved a complex child custody dispute by entrusting the guardianship of a minor, Varunavi, to her maternal grandparents. This decision, delivered on the 12th of January, 2024, came in the wake of a heartbreaking incident where the child’s parents lost their lives in a road accident, leading to a guardianship tussle between the families of the deceased parents.
The Court, while disposing of C.M.A.(MD)Nos.584 and 585 of 2014, upheld the earlier decision of the trial court, which had granted the custody of Varunavi to her maternal grandmother, dismissing the petition filed by the paternal grandfather. Justice Dhanabal remarked, “the maternal grandparents are appointed as guardian to the minor child Varunavi for the person and property.” This statement encapsulates the crux of the judgment, emphasizing the Court’s commitment to the child’s welfare.
In his judgment, Justice Dhanabal outlined specific conditions for the child’s upbringing and care. The paternal grandfather, who initially challenged the trial court’s decision, is directed to ensure that the child spends every weekend with the maternal grandparents. The Court also made provisions for the child’s dietary needs, stating, “Whenever the maternal grandparents wish to give the minor child food prepared by them, they can provide the same to the minor child, for which, the appellant shall not object.”
This case, a poignant reminder of the legal system’s role in safeguarding the interests of minors in familial disputes, highlights the Court’s careful consideration of the child’s emotional and physical well-being. The judgment demonstrates a balanced approach, accommodating the interests of both sides of the family while prioritizing the child’s needs.
Date of Decision: 12th January 2024
S.RAJ VS RATCHAKA
