After the death of a spouse, a second marriage does not mean that children’s custody cannot be found: Supreme Court

New Delhi : The Supreme Court said that after the death of the spouse, the second marriage cannot be a hindrance in claiming the custody of the child from the first wife or husband. The court allowed a father to withdraw his/her minor son’s custody, which was taken by the in -laws after the death of his/her first wife. Justice BR Gawai and Justice K. Vinod Chandran’s bench said that the welfare of the child can be focused better by the father, which is his/her natural guardian.

Allahabad High Court rejected petition

The bench rejected the Allahabad High Court order in which the father’s petition was dismissed. Given that the father has married another and the child is living comfortably at his/her maternal grandfather’s house. he/she is getting his/her education there, the High Court had said that the welfare of a minor child, which is paramount, will be fulfilled only by letting him/her live with his/her grandfather.

Also, the father has been given the right to meet the child regularly on the first date of every month. The father then approached the Supreme Court. Her in -laws again stated the basis of refusing her marriage to the child’s custody. Told to the Supreme Court that the rearrowing of the first wife immediately after the death of the first wife was correctly considered by the High Court. However, the bench did not agree with the findings of the Allahabad High Court and dismissed its order.

Marriage is not obstructed again in custody

The court said, “Father is an educated person and is in a responsible position due to being appointed in the state’s administrative services. Although the father has remarried, but it is not against custody’s claim; especially because otherwise it is otherwise it The question arises as to how the child will be taken care of, as the father is busy with his/her work.

It also mentioned that Nana has also deposited Rs 10 lakh in the name of the child. he/she has also taken a life insurance policy of Rs 25 lakh, whose beneficiary is a minor child. This shows that the family cared for the child.

No better claim than father

The bench said that we cannot see that single judge (High Court) has not tried to know the child’s attitude towards his/her father. Of course, the child was with his/her parents for about 10 years until his/her mother’s death after his/her birth. he/she separated from his/her father in 2021 and is living with his/her grandparents. he/she cannot be a better claim than the father, who is a natural guardian. There is no allegation of any matrimonial dispute while the child’s mother survives, nor is there any complaint against wife or son.