Second marriage cannot be a ground to disentitle parent of custody of child, though it is a factor to be considered while granting custodial rights

Law gives priority to parents where it comes to the custody of their children. However, another person (third person) can go to Court and ask for custody. This kind of request for custody is not always related to bad behaviour by the parents. Sometimes, the child's well-being requires a third person to have custody.

The second marriage of one parent does not disentitle that parent, custody of his child, though, the second marriage of either of the parent is a factor to be considered while granting custodial rights.

In the present case, the father who is gainfully employed in CRPF and has contracted second marriage is claiming custody of the child. A third party who are the in-laws of the child’s father press for the custody of the child stating that the welfare of the child would be compromised and neglected by his father having regard to the transferable nature of employment; coupled with the fact that he has contracted a second marriage. High Court held that custody cannot be permitted to continue with a third party. Custody granted to the father who is the natural guardian of the child.