KOCHI: The Kerala High Court has held that grandparents have the right to get interim custody of their grandchildren if the natural father of the child is dead.
"It will help children have a larger perspective and broader mind, which are necessary for their well being. It is a well known fact that children learn many things from their grandparents. They often listen to informative stories that are termed as 'grandpa's and grandma's stories'," observed the Bench. The Bench pointed out that allowing children to attend family functions and festivals conducted at religious institutions linked to their maternal/paternal houses would help them understand the cultural and traditional backgrounds of the family/community, irrespective of the religious and cultural differences.
"Such association is encouraged with the primary intention of bringing up children as social beings and making them responsible citizens who would contribute to welfare of the family, society and the nation at large. It is very common that children live in their maternal/paternal houses, along with grandparents, whenever situation demands," held the court.
"Grandparents also enjoy the company of their grandchildren as it would help them live a relaxed life in old age. While considering disputes related to custody of children and requests by grandparents for visitation, courts should bear such realities in mind," pointed out the Bench.
The court granted interim day-time custody and overnight custody of the child to the grandparents, with conditions.
Legal Recourse
Who
A Division Bench comprising Justice C K Abdul Rehim and Justice Shaji P Chaly made the observation.
When
The observation was made while considering a petition challenging a Family Court order allowing grandparents of a little girl, whose father died in a accident, to have her custody.
Why
The father of the minor child had died in a road accident when a petition filed by him, seeking permanent custody of the child, was pending before the Family Court in Thrissur.
Parents Impleaded
Later, parents of the deceased were impleaded in the case, and the Family Court arrived at the conclusion that taking into account the age and sex of the child, it needed inseparable company of its mother. As the natural guardian of the child is dead, the mother is eligible to be declared as its natural guardian.
Visitation Rights
The Family Court also granted visitation rights to grandparents of the child. Apart from that, three days of interim custody was granted during the ‘Onam’ and ‘Christmas’ holidays, and ten days custody during the mid-summer vacation. Further, the grandparents were allowed to have custody of the child on the death anniversary of their son, and also on the third Sunday after Easter.
Expedite Trial of Rape Case against Priest: High Court
Kochi: The Kerala High Court on Tuesday directed the Ernakulam Additional Sessions Court (for trial of cases relating to atrocities and sexual violence against women and children) to expedite trial of the rape case against Edwin Figarez, a former priest of the Puthenvelikkara Lourdes Matha Church. The court issued the order while dismissing a bail petition filed by Figarez. The court also directed the Sessions Court to dispose of the petition filed by the accused, seeking to discharge him from the case. The Sessions Court has been told to complete the trial within six months from the date of disposal of the discharge petition. Denying bail to Figarez, the court observed that releasing the accused on bail would obstruct the trial. The prosecution case is that Figarez sexually exploited a 14-year-old girl on several occasions, between January and March 2015.