Who gets the custody of the children after the death of their father

Yes, in India, grandparents can be granted custody of the children in cases where the mother is deemed emotionally unfit and financially incapable of taking care of the children after the death of the father. The Guardians and Wards Act, 1890, provides that the court may appoint a guardian for a minor child, and the guardian can be any person who is deemed suitable for the welfare of the child.

The court may consider the grandparents as suitable guardians for the children, particularly if they have an established relationship with the children, are financially stable, and are capable of providing a nurturing and stable home environment for the children.

However, it is important to note that the court will always prioritize the best interests of the child while making any decision regarding custody. The court will take into account various factors before awarding custody to grandparents, including the age of the children, the physical and mental health of the grandparents, and the grandparents' ability to provide for the children's emotional, educational, and physical needs.