A Delhi Court today granted the custody of an orphaned minor girl to her aunt, appointing her as the guardian of the child and her property.
The court allowed the plea of the woman, who is the sister of the girl's mother, and said the aunt does not have any interest adverse to that of her 15-year-old niece and she is entitled to be appointed as the guardian of the child and her property.
"I am satisfied that the petitioner (woman) who is not shown to have any interest adverse to that of the minor, and being the mausi (aunt) of the minor child is entitled to be appointed as guardian of both, a person and the property of the minor.
"She shall also be entitled to withdraw and operate the service benefits/family pension (of father) and utilise the same for the welfare of the minor child," Additional District Judge Alok Agarwal said.
The court said the evidence has proved that the girl's parents have died and as per the statement of the woman, except her no other family member of the child is alive.
The girl had also told the court that she along with her mother, who died in March 2011, has been living with her aunt after the death of her father and that the woman has been bearing all expenses for her upbringing and education.
The woman had approached the court seeking custody of her minor niece, who was born in July 1998, saying her father had died in January 2009 and her mother died in March 2011 and no other relative of the girl is alive.
She said after the death of the girl's father, who was working in Northern Railways, her mother was getting the pension and other benefits.
The woman also said that she had no other child and the girl is like her own daughter.
She said she has filed the petition for appointment as guardian of the girl so that the benefits of family pension of her father could be withdrawn and used for the education and welfare of the child.
