NEW DELHI: The Supreme Court has ruled that remarriage after a spouse’s death cannot be a reason to deny custody of a child from the first marriage. The court granted a father custody of his minor son, who had been taken in by his in-laws after his wife’s passing.
A bench comprising Justices B.R. Gavai and K. Vinod Chandran emphasized that the child’s welfare is best ensured by the father, who is the natural guardian. It overturned an earlier decision by the Allahabad High Court, which had rejected the father’s plea for custody.
The High Court had previously ruled that since the child was comfortably settled and pursuing education at his maternal grandfather’s house, his welfare would be best served by continuing there. It had instead granted the father visitation rights, allowing him to meet his son on the first day of every month.
Challenging this, the father approached the Supreme Court, while his in-laws argued that his remarriage soon after his wife’s death was a valid reason to deny him custody. However, the SC dismissed this argument, asserting that remarriage should not be a barrier in determining a biological parent’s right to custody.
