'An Ounce Of Personal Love Is Worth More Than Tons Of Services Rendered At Public Institution': Delhi Court Sets Aside Children Home Custody Of 2

A Delhi Court has observed that an ounce of personal love and care for the wholesome growth of the minor kids is worth more than tons of professional services rendered at any public institution.

Making the said observation, Additional Sessions Judge Dharmender Rana questioned the conduct of a Child Welfare Committee for giving custody of two minor kids aged 3 and half years and 5 months old to a Children Home over the custody of their grandparents.

"An ounce of personal love and care for the wholesome growth of the minor kids is worth more than tons of professional services rendered at any public institution. I fail to understand as to why the Children Home was chosen by Child Welfare Committee over the grand parents while deciding the custody issue of the minor kids in the instant matter," the Court said.

The Court was dealing with two separate appeals challenging the order of the CWC, filed by paternal grandmother and maternal grandfather of the minor children seeking custody of the minor kids.

Pursuant to a matrimonial discord, their mother was found dead in mysterious circumstances and the minor kids were also found unconscious with burnt marks. 

Two FIRs were then registered and the father of the kids was under judicial custody in the matter. The children were then produced before the Committee which, vide order dated July 2, 2021 entrusted the custody of the children to Children's Home.

Dealing with the matter, the Court was of the view that even the best of care and attention provided in a formal, institutionalized and alien environment of a Children Home cannot be an appropriate substitute for personal love, care and affection of the grand parents towards their young children, who are in need of special care and affection.

"Personal care and affection is not only desirable for the wholesome growth of the kids but it is also essential for helping the kids overcome the grief of loosing their mother and company of their father. The younger infant all the more needs to be in personal care of the grand parents as he is not even in a position to express his agony and grief," the judge added.

While the paternal grandmother argued that since the kids were already residing with her, she was entitled as a matter of right for the custody of kids, the maternal grandfather submitted that he was the most suitable person for the custody as the paternal grandmother and her family had vanished from the scene after the registration of FIR leaving the children in an abandoned and pitiable condition.

"The issue of deciding the custody of two minor kids, one of them is aged about 5 years and other one is aged about five months, is a very sensitive exercise of discretion and the same can not be mechanically or perfunctorily decided," the Court said.

Finding that the decision of Child Welfare Committee entrusting the custody of the kids to the Children Home was erroneous and cannot be sustained, the Court held that the custody has to be entrusted to maternal grandfather and not to the paternal grandmother.

"It is further directed that the paternal grandmother ( Dadi) Smt. Sajna Devi shall be at liberty to meet both her grand sons and maternal grandfather shall ensure that both the kids can meet their paternal grandmother/paternal side family members on fourth Sunday of every month w.e.f 12.00 noon to 2.00 p.m before the Ld. Duty Magistrate, Patiala House Courts Complex, New Delhi," the Court added.

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