Bombay HC permits aunt to retain custody of 4-year-old

THE COURT NOTED THAT THE FATHER WAS AGGRESSIVE, AND THE MOTHER WAS SUFFERING FROM 'DEEP PSYCHOLOGICAL PROBLEMS

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A woman, who brought up her four-year-old nephew after her brother handed him over shortly after birth, is the legal guardian of the child, the Bombay high court has ruled, allowing her to retain his custody and saying the boy's welfare would be better served by keeping him with his aunt rather than his biological parents.

A single-judge bench of justice Riyaz Chagla also said the child started staying with his aunt almost immediately after birth, and hence, was emotionally attached to her. The order - which came after the woman's brother sought custody of the child-was passed on October 5 but was made public on Friday.

"Having taken into consideration the welfare of the minor child, in my view, the welfare of the minor child will be best served by the Petitioner and that the Petitioner is required to be declared the true and lawful guardian of the minor child," the court order said.