Jaipur: Expressing concern over the unsupervised use of social media by children, a division bench of the
Rajasthan High Court transferred custody of an 11-year-old girl and her seven-year-old brother from their grandparents to their mother. The court, however, allowed grandparents weekly visiting rights.
The kids' mother had filed a Habeas Corpus petition for the children's custody earlier this year. The order pronounced it's order on Jan 21 granting custody to the mother, which was uploaded Monday. The two children, aged 11 and 7, were with their grandparents after their father's death. "The grandparents are aware that some videos have been uploaded but they are not bothered to keep a check on the girl child," the court observed.
The petitioner said her husband died due to a kidney disease and while her in-laws kept the children, they threw her out of the house. She demanded custody of the children on grounds that they were not being taken care of well, the younger child has swelling on his body and has not been taken to a doctor, while the older girl has been given unhindered access to mobile phones and junk food. When the children were produced before court, the court found that the petitioner's 11-year-old daughter operates a YouTube channel to which she regularly uploads videos from her father's phone. "The income generated from it is going to the petitioner's sister-in-law's son. Also, it was found that the children are not being looked after well by the paternal grandparents," the court said. The court also found the petitioner's son with swelling on his hands and face, for which he has not been treated.
Though the children told court they do not want to live with their mother because she scolds them for using mobile phones and eating junk food, the court ruled in favour of the mother and said their welfare was paramount and the mother is their only natural guardian.