Can grandparents or other relatives be awarded child custody in India?

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Answer By law4u team

Yes, grandparents or other relatives can be awarded child custody in India. The law recognizes the importance of the child's welfare, and if it is in the best interest of the child, the court can award custody to grandparents or other relatives. Under the Guardians and Wards Act, 1890, any person can apply for the guardianship of a child. The term "person" includes grandparents, aunts, uncles, and other relatives. The Act provides that the welfare of the child shall be the paramount consideration in deciding the guardianship of the child. In cases where the parents are deceased, missing, or have abandoned the child, grandparents or other relatives may apply for custody of the child. In such cases, the court will consider the child's welfare and the ability of the grandparents or relatives to provide for the child's needs before making a custody order. It is important to note that the court will consider various factors before awarding custody to grandparents or other relatives, and the child's best interests will be the primary consideration in deciding the custody arrangement.

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