The Madras High Court recently said that courts have to safeguard the family system in the country which is fast eroding.

“In custody or guardianship matters, the courts have to consider the welfare of the minor child, which is a paramount consideration and to ensure and safeguard family system in the country, which is fast eroding and to ensure that there is overall development of the minor child and there is proper environment and upbringing of the child and therefore, the best interests of the child are taken care,” the court said in its order.

The High Court was dealing with a case relating to granting visitation rights to the grandparents of a minor girl. The court noted that the minor girl was merely 2.5 years years old and therefore, the mother can claim custody of the child. But at the same time, the grandparents cannot be denied reasonable access or visitation rights, which will also help the child’s normal development, it said.

“An affectionate relationship with grandparents is recognised as beneficial for the child. It is to be pointed out at this juncture that the minor child has been under grandparents’ cafe since her birth, which was disturbed due to the strained relationship between the parties,” the High Court said.

The court was hearing an appeal filed by the mother of the minor child, who raised several allegations against her in-laws. She alleged that her in-laws refused to hand over the child to her and forcibly took away the child from her and upon her request to hand over the child, they threatened to throw the child from the third floor of their house. She also accused her in-laws of forcing her to sign a mediation agreement for their visitation rights and also that the in-laws brought in some ‘rowdy’ persons and vandalised her parents’ house.

The grandparents told the Court that they were deeply affected by the death of their son and were further distressed by the actions of their daughter-in-law who took away the child. They submitted that the economic position of their daughter-in-law’s parents was very limited and hence allowing the child to live with them would be detrimental, lacking discipline, ethics, values, morals and compassion.

The court modified the order of the Family Court granting visitation rights to the grandparents by restricting it to once a month (first Saturday) for fours hours instead of twice a month (two hours each).