The Rajasthan High Court has given an important decision in a case related to the custody of children. The court of Justice Pankaj Bhandari, considering the 11-year-old girl and her younger brother (7) useless use as negligence, snatched her custody from grandparents and handed over to the mother. Past
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The court said in her order- ’11-year-old girl is making a video herself, uploading editing, but her grandparents never saw what she is doing? This is serious negligence.
These things were said by the court after watching some videos uploaded by the girl child. What is this full decision of the High Court, we have to talk to both sides associated with the petition. Read this report
First of all know what was the matter? The case is related to getting the custody of children between the elderly couple and their daughter -in -law of Amer region of Jaipur. After the father’s death, two children were living near their grandparents instead of their mother. The mother filed a petition in the court to take her children (age of the child 11 years and 7 years of child) in custody.
The High Court, while hearing the same petition, pronounced the verdict in favor of the mother on 21 January. The children were snatched away from the grandparents and handed over to the mother. The biggest basis of this decision became the girl’s YouTube channel and the reels-video uploaded on it. There were many videos among them, which were stunting with injections.
Screen shot of video taken from the baby’s YouTube channel. Such videos were shown in court.
Petitioner’s lawyers shown videos in court Lawyers of the petitioner side (mother of children) showed the girl’s YouTube channel in court. It was argued that the girl’s grandparents were not taking care of them properly. In front of grandparents, the girl uploads reels and videos on the social media platform YouTube, but they do not monitor her.
The children use the petitioner (daughter -in -law) husband to make a phone video. But someone else is getting the earnings from this.
Now tell what the court said after watching the video? After hearing the arguments, the court found that the 11-year-old girl is making a video herself, uploading editing, but her grandparents never saw what she was doing. The court considered it a negligence in raising the girl. The court expressed concern that the presence of such a young girl without any guidance on a platform like YouTube could have brought her into the grip of cyber threats.
But the family did not take it seriously. The court said that making a video of a little girl repeatedly, being active online and going to someone else is indicated that children are not taking proper care.
Court’s decision- Mother is the natural guardian The court of Justice Pankaj Bhandari said that the mother is the natural patron of the children and the custody of the children is given to the mother in view of their best interest. However, the court has allowed grandparents to meet children and keep them with them from 12 noon to 5 pm every Sunday. The court directed the police that the children should be safely sent to their mother. During this time, the court said that the mother is educated and self -sufficient, so she can give a better future to children.
Children’s father dies of kidney disease Sadhana (the name of the mother’s mother’s mother) was married in June 2012 in Amer. Sadhana’s husband’s health started deteriorating. Investigation revealed that both his kidneys were damaged. Sadhana’s sister -in -law saved her life by giving her brother a kidney. After the kidney transplant, Sadhna’s husband was fine for two years, but then suddenly she got infection. He died on 23 January last year. Since then, the children were living near the grandparents, while Sadhana was living in her maternal home.
Sadhana alleged that her in -laws used to harass her. There were quarrels every day. So she is living in her maternal home. Sadhana had filed a petition in the court saying that her children are not taking proper care of her children.
The mother of the children said- My 11 -year -old daughter used to keep on social media throughout the day, daughter used to put direct content. Nobody was going to stop him. When I wanted to stop, I told me that you will not give him a phone after growing up. People from the in -laws side were giving the earnings of YouTube channel to other members instead of children.
The health of the son for a year is not right. There is swelling on his body, but no doctor was shown. Sadhana said that she is educated and is removing her expenses by sewing. In such a situation, he should be given the custody of children.
How to make YouTube channel turning point of case? Petitioner side counsel Manish Sharma said- The mother of the children had also complained to the police, but no hearing was held. The girl was getting missgide on social media. This is very dangerous. The court expressed concern that it is very harmful for children to run social media without guardians.
The girl made a reel on several trending songs. Many videos were also uploaded on social media with his family. The girl was also made with a video injection, in which she brings the injection towards her hand first and then shows water. Apart from this, there were some videos that were not right for the mental state of the girl.
Grandparents said – We were fixing the upbringing of children To know the other side, Dainik Bhaskar’s team reached the children’s grandparents’ house. He said that he is very unhappy with the court’s decision. They were taking full care of the children. The charge of some kind of negligence is wrong. Children are the last support of their old age. So they do not want to lose them at any cost.
The children’s grandfather wiping tears and said that he had tried his best to save his son. Was done the best treatment. But luck had something else approved. But now children have also been removed from us. For whom do we live?
Charges on daughter-in-law- Kidney was not given The children’s grandfather accused his daughter -in -law that when her son was needed, the daughter -in -law did not support. Both the son’s kidney failed. The father and mother did not match the kidney, then the daughter -in -law was asked to donate the kidney.
Bahu Sadhana (name changed) refused to give kidney to her husband, after which her daughter helped her brother by donating kidney. The grandparents of the children clearly say that all the videos that the girl has put on social media, she had prepared by shooting at her maternal grandparents’ house.
The access of the girl’s YouTube channel is also near her maternal grandfather. In such a situation, there is no question of eating that channel earning. He will challenge this decision in the Supreme Court to get back his grandson-granddaughter.
Questions raised about social media use of children This case has raised big questions not only about custody controversy, but also about the social media use of children. The number of active children on social media in India is increasing rapidly. Thousands of children in Rajasthan are also active on YouTube, Instagram and other platforms.
Recently, the Government of India implemented Digital Personal Data Protection Act 2023, under which children below 18 years of age will have to get parents permission to create a social media account. Apart from this, the Karnataka High Court has also advised the government to set an age limit for the use of social media.
(Tagstotranslate) Rajasthan Highcourt