Supreme Court · 2022 INSC 639 · Decided 9 June 2022
Swaminathan Kunchu Acharya v. State of Gujarat & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 639 · [2022] 6 S.C.R. 727
- Case number
- CRIMINAL APPEAL No. 898/2022
- Decided
- 9 June 2022
- Bench
- M.R. SHAH, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
Headnote
Custody - Of minor child - 5 year old child lost his parents in the Covid-19 pandemic - Appellant is paternal grandfather of the child, and he and his wife- paternal grandparents sought custody of the child - Writ petition seeking writ of habeas corpus filed by the child - High Court handed over custody to respondent No.4 - Held: On facts and circumstances, High Court erred in not handing over and/or continuing the custody of the corpus-grandson to appellant / paternal grandparents - Income and/or the age and/or the bigger family
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