Gujarat High Court makes peace between in-laws after boy loses parents due to covid

  • | Wednesday | 11th August, 2021

The child currently lives with his maternal grandparents in Dahod. He was orphaned during the second wave after his father, Rajesh Acharya, 35, died at Dhanvantari Hospital on May 12 followed by demise of his mother Rakhi, 40, at SVP Hospital a month later on June 12.

Although the second wave of covid 19 seems to wary down and vaccination drive and preventions by governments keep the third wave from arriving in India, Tragedies and challenges involving Covid-19 pandemic refuse to end.

A five-year-old boy orphaned by Covid was caught in a bitter a custody battle waged by his warring grandparents who were not happy with his parents’ love marriage in the first place.

Fortunately for the boy, the HC stepped in and intervened to make the maternal and paternal sides of the boy bury their hatchet and end dispute in the interest of the young one`s mental and physical well-being.

The child currently lives with his maternal grandparents in Dahod. He was orphaned during the second wave after his father, Rajesh Acharya, 35, died at Dhanvantari Hospital on May 12 followed by demise of his mother Rakhi, 40, at SVP Hospital a month later on June 12.

The boys paternal grandparents lived in Ahmedabad after his grandfather retired from the Railway Claims Tribunal. Rajesh and Rakhi used to live in Ahmedabad, albeit in a separate house in Vinzol. After the couple’s demise, the child went to his maternal grandparents in Dahod, where he has been admitted in a school.

On the other hand, Acharya’s family insisted on the child’s custody. Acharya’s elder brother, who runs a restaurant in Coimbatore, also joined his elderly parents during the bereavement period.

They approached the high court by filing a habeas corpus petition and claimed custody of the child. They complained that the maternal grandparents of the child have even blocked their phone numbers.

The high court talked to both the families through video conferencing and made the child have a conversation with his paternal grandparents and uncle.

About the conversation the court noticed, “The child at this age is absolutely innocent and is unable to comprehend the nature of dispute in the present case. He is perhaps unaware of the death of both of his parents. We have noticed his positive smiles and the behavior towards the grandparents and the elder brother of his father. He also expressed his willingness to come to the grandparents’ family in Ahmedabad.”

The court requested the families to forget their acrimonies, keep the custody dispute aside and work towards the best interest of the child so that his mental and physical growth is not tainted by the dispute in court.

Following this, the maternal grandparents invited the other family to visit their place in Dahod and live for a couple of days. The court also endorsed this proposal of gathering and then ordered that the child’s custody may be retained by the paternal grandparents for next few days.

To end the dispute, the HC also asked the Dahod family to unblock the phone numbers of child’s paternal grandparents. It also requested the secretary of Dahod’s legal service authority to facilitate proper communication between the two families, supervise the family’s visit and report to the court.

Further hearing has been posted on August 26, said advocate K I Kazi who represents the maternal grandparents of the child.


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