2nd marriage no hurdle in getting child’s custody: Court | delhi | Hindustan Times
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2nd marriage no hurdle in getting child’s custody: Court

delhi Updated: Nov 07, 2011 01:14 IST

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The second marriage of a person cannot be a factor to deny him custody of his child, a local court has said while ruling in favour of a man whose son was living with his maternal grandparents since his wife's death.

Guardian judge Gautam gave the 10-year-old boy's custody to his father, rejecting the child's maternal grandparents contention that the man had got married for the second time after their daughter's death and it would not be in the welfare of child if he is left with his stepmother. "Second marriage of the petitioner (man) cannot be held to be disability," the court said, rejecting the contention. It also noted that the man's elder daughter lived with him and was brought up rather well by her stepmother.

"There is no evidence that the stepmother of the child has maltreated the sister of the minor who is living with the petitioner and stepmother, rather it is in evidence the sister of minor is getting good education in a good school," the judge said.

Divesting the child's grandparents of his custody and handing him over to his father, a Begumpur village resident, the court added the natural guardian is likely to impart better "moral and ethical values" to the child.