Maternal grandmother denied custody of minors
New Delhi: A Delhi court has denied the plea of a woman seeking custody of her grandchildren, who are at present living with their paternal grandmother, after the minors said they were not desirous of living with her or even meeting her.
The maternal grandmother was denied the custody of the minors after they told the court that during their week-long stay with her after the demise of their parents, she and her family treated them with cruelty.
The court also turned down her plea for frequent visiting rights.
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 - a girl studying in 9th standard and a boy studying in 5th standard.
Their parents were government employees and had passed away in an accident in September 2010.
"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.
"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)," the court observed.
While denying the plea for frequent visiting rights, the judge 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 maternal grandmother`s plea for custody of the children was opposed by their paternal grandmother who told the court that she has already applied for their guardianship of the children as both their parents were government employees and to grant the pension benefits of their parents, the guardianship certificate was required.
She said their custody was being sought with an intention to cause them pecuniary loss and also apprised the court about the humiliation the children had to face at the hands of their maternal grandmother.
She also said being a retired teacher, she is taking good care of their schooling.
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