‘Ounce of love better than institutional care’: Court refuses kids’ custody to Children Home

A Delhi court has set aside a Child Welfare Committee order that awarded custody of two minor kids to a Children Home instead of the grandparents, observing that “an ounce of personal love and care given to minor kids is worth more than tons of professional services rendered at any public institution”.

Additional Sessions Judge Dharmender Rana further questioned the conduct of the Child Welfare Committee which had ordered custody of the kids, aged three-and-a-half years and five months, to the Children Home, according to Live Law, which reported that the court made the observations while dealing with two separate appeals, both challenging the order of the Child Welfare Committee.

The children’s mother was found dead under mysterious circumstances after a marital discord and the kids were found unconscious with burn marks. They were first in judicial custody and later sent to the Children Home.

The pleas were reportedly filed by the paternal grandmother and maternal grandfather of the children. According to the court, even the best care and attention provided in an institutionalised and alien environment was no substitute for the love and affection of grandparents.

The court pointed out that personal care helps in wholesome growth and was also essential in helping the young children overcome the grief of losing their mother and separation from their father.

According to Live Law, the paternal grandmother argued that custody of the kids should be given to her as they were already residing with her, while the maternal grandfather contended that he was the most suitable person for custody of the kids as the paternal grandmother and her family had vanished from the scene abandoning the kids in a pitiable condition.

After going through the case, the court entrusted the custody to the maternal grandfather.

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