Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custody – Of minor child – 5 year old child lost his parents in the Covid-19 pandemic |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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 appellant – Contesting Respondent No.4 is maternal aunt of 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 cannot be the sole criteria to tilt the balance and not to give the custody of the grandson to the paternal grandparents – There cannot be any presumption that the maternal aunt being unmarried having an independent income; younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents – Appellant/paternal grandparents even managed to get admission of the minor in a school in Ahmedabad (where appellant was staying) – The minor will get better education in Ahmedabad, which is a Metro City compared to education in Dahod where respondent no.4 was staying – Further, being a retired person, the appellant / paternal grandparents would devote more time and take care of minor better than respondent No.4 who is serving in the government department – If balance is to be struck between the paternal grandparents and the maternal aunt, the balance would certainly tilt in favour of paternal grandparents – Impugned judgment of High Court quashed and set aside – However, the present order shall be subject to final outcome of the proceedings u/s.7 of the Guardians and Wards Act, pending before the competent court – Custody of minor corpus to continue with appellant /paternal grandparents, who are directed to take care of the minor – However, respondent No.4 shall have visitation rights – Further, during vacation and/or holidays the appellant may permit the corpus to visit and stay with respondent No. 4, subject to wishes and convenience of the corpus and without adversely affecting the interest of the corpus including his education and even extra curriculum activities – Paternal grandparents as well as maternal aunt & her family (on maternal side) to act jointly and cordially and have cordial relations in the larger interest of the minor – Writ petition – Writ of habeas corpus. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 639 |
Petitioner | Swaminathan Kunchu Acharya |
Respondent | State Of Gujarat & Ors. |
SCR | [2022] 6 S.C.R. 727 |
Judgement Date | 2022-06-09 |
Case Number | 898 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |