The Madhya Pradesh High Court in the case Anand Kumar and anr. v. Lakhan Jatav observed and has recently affirmed an order of the family court granting the custody of a motherless minor child to his father over his maternal grandparents. Thus, an appeal was dismissed by the High Court preferred by the maternal grandparents against the family court’s order.
The bench comprising of Chief Justice Ravi Malimath and Justice Anand Pathak observed and has come to the conclusion that the child’s welfare lay in living with his father. The court while testing the case on the anvil of the welfare of the minor and the comparative resources of the parties. It has also been noted by the court that as per Section 6 of the Hindu Minority & Guardianship Act, 1956, the father is the Natural guardian of the minor.
However, the bench ordered that the maternal grandparents will have visitation rights to interact with the child and while taking note of the overall wellbeing of the minor every Saturday and Sunday between 11 am to 2 pm and/or any day and time mutually fixed by them. The court stated while observing regarding the pendency of the criminal case against the respondent, it has been noted by the Court that the prosecution could not prove the case beyond reasonable doubt and therefore, the acquittal has been recoded in favor of the respondent. Consequently, the appeal was dismissed.