Supreme Court: Grandparents cannot have better claim than father for child's custody

The Supreme Court in the case Vivek Kumar Chaturvedi And Anr Versus State Of U.P. And Ors observed and has allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.

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The bench comprising of Justice BR Gavai and Justice K Vinod Chandran was hearing the present matter.

The bench in the case was hearing an appeal against the High Court’s rejection of his habeas corpus petition.

The High Court in the case had denied him custody of his child, who had lived with him for about 10 years until the mother’s death and was later placed with maternal grandparents, citing the child’s comfort with the grandparents and the father’s remarriage.

Following the same, the father appealed to the Supreme Court.