Court denies maternal grandmother unwilling minors' custody

A plea filed by a woman seeking custody of her grandchildren, who are at present living with their paternal grandmother, was turned down by a Delhi court after the minors said they were not desirous of living with her or even meeting her.

The court's order came after minors - a girl studying in Class 9 and boy studying in Class 5 - told the judge that the maternal grandmother and her family treated them with cruelty during their week-long stay after the demise of their parents.

Turning down the plea, Additional District Judge P.K. Matto said the petitioner had failed to prove that the paternal grandmother was not taking proper care of the children.

The court also turned down her plea for frequent visiting rights.

The judge said: "This court has also made a talk with both the children - even in the presence of the petitioner (maternal grandmother) and her counsel - who have categorically denied to live or to meet with the petitioner and her other family members."

It added: "They have apprised to the court that during their short-term stay for about a week in the house of the petitioner, after the demise of their parents, they were dealt with cruelty by her and her two sons and their maternal aunts and they are no more desirous to live with or to meet her or any member of her family, and have apprised to the court that they are comfortable in the care and custody of the respondent (paternal grandmother)."

Denying the plea for frequent visiting rights, the court said: "This court is of the considered view that the children cannot be forced to meet with the petitioner and if they are forced to meet her, it will cause mental agony to the children and it may prove to be hazardous for the children."

The parents of children were government employees and had passed away in an accident in September 2010.

The paternal grandmother of the children opposed the plea of maternal grandmother for custody, and said she has already applied for the guardianship of the children, and as both their parents were government employees, grant the pension benefits of their parents, the guardianship certificate was required.

She added that being a retired teacher, she is taking good care of their schooling.