A Critical Study on Custody of Minors to Grandparents in India

Abstract

The paramount consideration in allotting child custody is by considering the best interest of the child. Custody is generally granted to either of the parents. Under special circumstances it is awarded to a third party with emphasis on grandparents. As a saying goes, “If you spoil your children, you have to bring up your grandchildren.” Consequently, the safekeeping of grandchildren is passed on to their grandparents. The paper throws light on the psychological effects on the child’s brain and effectiveness of awarding such custody considering the best interest of the child. This paper examines the role of grandparents in child custody by adopting the mode of empirical research. It will examine the cases decided in India in the last decade with the help of various legislations like The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, Guardians and Wards Act, 1890. It further draws a comparison of how this issue is dealt in other countries and its efficacy in those countries.