Custody of Minor given to maternal Grandmother over father not illegal
A case of child custody is a very difficult decision to make for the court because if custody is given into wrong hands it could destroy a child’s future. In the case of Sudhir Kumar Ghosh & Ors. Versus The State of Madhya Pradesh & others the Madhya Pradesh High court held that if the single judge bench gave the custody of child to maternal grandmother instead of father and father got visitation rights then the decision is not illegal. This case is basically a writ appeal filed before the dual judge bench of Madhya Pradesh high court by Sudhir Kumar Ghosh against a judgement of Single judge bench which gave the custody of his child named ‘Aditi’ to her maternal grandmother with visitation rights given to the petitioner.
The previous judgement against which this appeal has been filed is Aditi Ghosh vs. State of M.P. & Ors. Which was a writ petition filed by the maternal grandmother (Smt. Vimlesh Parmanik) of Aditi against her illegal detention by her paternal grandfather and uncle. Shilpi Parmanik, daughter of Smt. Vimlesh Parmanik was married to Sudhir Kumar Ghosh on 19.02.2013 and the couple were blessed with girl child on 07.03.2014. Shilpi was diagnosed with cancer and she succumbed to her illness on 17.09.2019 at Mumbai after 2 months of the incident Sudhir Kumar Ghosh married to another lady who tortured Aditi, who was only 5 and a half years old. No member of maternal side was allowed to meet Aditi either physically or to talk on call.
It was further submitted that Aditi was sent to Kolkata where she was living with the widowed father and brother of his father who did not held any legal right to keep Aditi. Also at no cost a seven year old girl can live with two adult men with no women in house. From the side of her father it was submitted that writ of habeas corpus is not maintainable because he sent Aditi to her grandfather and uncle living in Kolkata due to the fact that the second wife of Sudhir Kumar Ghosh was 7 month pregnant and she could not take care of Aditi.
The single judge bench observed several facts & evidences which were-
After taking into account these facts and evidences of the case the single judge bench also referred to several judgements which laid down precedent for child custody which were
At the end after analysing the previous judgement, facts & evidences of the case the single judge bench gave the custody of the minor Aditi to her maternal grandmother. It was held that it would not be justified in directing the child to hand over to the father on the basis of uncertain future.
Coming to the writ appeal filed before the Madhya Pradesh High court the court critically analysed the previous judgement passed by the single judge bench of the Madhya Pradesh high court and they do not perceive any illegality in the order passed by the learned Single Judge and the findings ascribed in the impugned order are impeccable and the same do not warrant any interference in the present intra-court appeal.
Accordingly the writ appeal is dismissed and the custody of the minor is held with her maternal grandmother. The court also observed that the judgement of single judge bench is not improper and it can’t be overridden.
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 (2019) 7 SCC 42
 (2017) 8 SCC 454
 AIR 1987 HP34
 AIR 2002 Raj 148