Ahmdabad court rejects grandfather's plea for guardianship of granddaughters

A City Civil and Sessions Court in Ahmedabad has dismissed a petition filed by a grandfather seeking to be appointed as the guardian of his two minor granddaughters under the provisions of the Guardians and Wards Act, 1890.

The minors, born in 2017 and 2018, lost their father in a tragic accident on May 10, 2023. Following the father's death, their mother — the natural guardian — moved to her paternal home and has since been solely responsible for their care, upbringing, and well-being.

In its ruling, the court emphasised that parents are best positioned to make decisions in the best interests of their children. It noted that under relevant laws, the father holds the primary claim as natural guardian, followed by the mother in his absence.

The court highlighted that the United Nations has stressed the importance of children's growth and well-being within the natural family environment. "Every child has a right to grow up in an atmosphere of love and affection and of moral and material security, and that is possible only if the child is brought up in a family," the court observed.

The court further stated that the natural mother has been diligently fulfilling all social, educational, and other responsibilities toward the minor daughters. While these factors are important, the court clarified that the welfare of the child must also consider the educational, physical, moral, and religious status of the parties involved.