Remarriage No Bar for Man to Have Custody of Minor Child: Supreme Court

The Supreme Court ruled that a father's remarriage does not affect his custody rights, and grandparents cannot have a better claim over the natural guardian.

The father challenged a Writ Court order denying him custody of his child, who remarried soon after the death of his first wife, the child has been living with his grandparents since the mother’s death.

The Court emphasized that the father is well-employed, educated, and legally entitled to custody. The grandfather’s maintenance claim of ₹20,000 monthly indicated their inability to support the child independently.

Since the child has been with his grandparents for four years, the Court directed custody to remain with them until April 30, 2025, after which it transfers to the father.