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HC grants custody of minor boy to uncle and not his mother

Bombay High Court

Mumbai: Keeping in view the well-being of  a child, the Bombay High Court has granted the custody of a minor boy not to his biological mother, but to his paternal uncle and aunt, who brought him up in the last seven years at their home in a joint family.

The custody of the child was granted recently by Justice Roshan Dalvi to his uncle and aunt on their petition saying that the minor had been staying with them since last seven years after his mother had voluntarily left him under their care.

The woman had handed over the custody of her son, Udit Sarawagi, seven days after he was born, to his uncle and aunt as her husband had passed away and she wanted to re-marry.

The mother of the boy had in her custody her elder son who suffered from a heart problem. However, she moved a court to seek the custody of her younger son who was staying with his uncle and aunt after his birth.

Seven-year-old Uday had not seen his mother and was even not aware about her. He considered his uncle and aunt to be his parents. However, with the permission of the High Court a counsellor informed him about his biological mother and facilitated their meet.

In order to decide the custody, the court interviewed the minor child, his biological mother and her second husband, as well as the child’s uncle and aunt who had taken care of him since the last seven years.

The court noted that if the custody of the boy was given to his biological mother, then the minor would be completely uprooted from his present home and his surroundings.

“The counsellor’s report shows that he is a happy child and well-settled in the family and has bonded with his siblings. It would be unfair and unjust to alter the present family situation of the child,” observed the court.

The mother contended that her elder son was going to a school that was superior to the one in which Udit was studying. However, the court noted that the reports of the school did not show lack of good education.

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