Welfare of child to be kept in mind in custody battle: Court

Welfare of a child has to be kept in mind while deciding on a custody battle involving sparring family members, a Delhi court has said.

"Welfare of the child is the paramount consideration which has to be taken in its widest possible sense. The said welfare has to be measured not only in terms of money and physical comfort, but would also include his moral and ethical welfare," additional district judge Kamini Lau said.

The court also said a proper balance has to be maintained between welfare of the child and the custody rights of natural guardians.

The court's observations have come while handing over the custody of a child to his paternal grandparents instead of his mother, who has remarried after the demise of his father.

"The strong emotional bond which exists between the grandparents and the grandchildren in our traditional Indian homes on account of the love and indulgence which the child receive from grandparents cannot be ignored," it said.

The court rejected the mother's plea that she can take better care of 12-year-old child being a natural guardian, and took into account view of the child who preferred to stay with the grandparents.

It, however, granted visitation rights to the mother, a software professional, who mostly remained outdoors due to her job, leading to the child becoming more close to the grandparents.

The child's father, also an engineer, had committed suicide, allegedly following differences with his mother.