Pune Court Grants Guardianship of 10-Year-Old to Maternal Uncle Over Father Citing Welfare Over Biology

A Pune court has delivered a significant judgment by granting the guardianship of a ten-year-old boy, who lost his mother, to his maternal uncle instead of his biological father. The court acknowledged the uncle’s affection and long-standing care, emphasizing that love and nurturing relationships hold greater weight than biological ties. The case involves Raj and Reva’s son, Viraj, and his maternal uncle, Rohit (names changed). After Reva’s marriage in 2014 and Viraj’s birth the following year, differences arose between the couple, leading Reva to live with her brother Rohit while raising her son.

Reva was later diagnosed with cancer, and during her illness, her husband Raj never came forward to provide support or even visit her. Throughout this difficult phase, Rohit stepped in, taking responsibility for both his sister and nephew. He ensured Viraj’s proper upbringing, admitted him into a reputed school, and provided him with all necessities. As Reva’s health deteriorated, she prepared a will declaring her wish that Rohit should be Viraj’s guardian after her death. When she passed away, Viraj was just seven years old, leaving Rohit as the sole caretaker of the child.

Following Reva’s death, Rohit filed an application through advocate Chetan Bhutada at the Pune District and Sessions Court to obtain the boy’s legal guardianship. However, Raj opposed the move by submitting a written objection. To support his claim, Rohit presented the will executed by his sister in front of two witnesses, insurance policies taken for the child’s education, school bonafide certificates, and other supporting documents. His counsel argued that since the child had always been under Rohit’s care, his continued guardianship would ensure Viraj’s holistic development, safety, and education without disruption.

After reviewing the evidence and respecting the mother’s last wish, the court declared Rohit as Viraj’s legal guardian. Additional Sessions Judge Sumit Joshi stated in the ruling that the welfare of the minor is the foremost consideration in such matters, not merely the biological rights of parents. The judgment highlighted that custody is granted to the person best suited for the child’s wellbeing. Citing Supreme Court precedents, the judge noted that only the child’s interests can determine custody, not just parental entitlement. The verdict has reaffirmed that love and care outweigh mere blood relations.