The Bombay High Court has granted custody of a child to his aunt, citing the mother’s “deep psychological issues” and the father’s aggressive nature. The father had previously accused the aunt of forcibly kidnapping their son in March 2021. In making its decision, the court emphasized the importance of considering the child’s moral, ethical, and physical well-being. The court’s order, issued on October 5, declared the aunt as the true and lawful guardian of the child, taking into account the emotional bond between them. Despite not being the child’s parent, the aunt’s role as a caregiver was deemed significant by the court. The court also acknowledged the mother’s psychological issues and the father’s aggression. Access to the child was granted to both parents. The aunt’s plea highlighted an agreement made at the time of the child’s birth, where her brother and his wife agreed to hand over custody of the child to her due to the wife’s psychological disorders. The aunt, a widow without children of her own, claimed to be in a better financial position to care for the child. She also claimed that the child’s health deteriorated whenever he visited his parents’ house. After the father lodged a complaint, the aunt initially returned the child to the parents, but they later requested her to take him back due to his deteriorating health.
Sat. Oct 12th, 2024
