The Supreme Court has reiterated the principles regarding custody of a Child by considering the desire and welfare of the child.
In the case dealt by the Supreme Court, the girl, aged 12 years, is in the custody of her father and the same had been questioned by the Mother by seeking custody. The Supreme Court after ascertain factual issues and after interacting with the child, has concluded that “while exercising parens patriae jurisdiction, the Court is required to give due weight to the ordinary comfort of the child contentment, intellectual, moral and physical development, health, education and general maintenance and the favourable surroundings”
The Supreme Court reiterated that “the Court is not bound either by statutes or by strict rules of evidence nor procedure or precedent in deciding the issue of custody, the paramount consideration should be the welfare and well-being of the child”
(Case Law- SPECIAL LEAVE PETITION (C.) NO.25098/2019 – Date of Decision of SC– 16-12-2019)
More Stories
The Apex Court on the Validity of Last Seen Theory and Forensic Evidence in Criminal Convictions
The Arbitral Tribunal has no jurisdiction to apply the principle of Liberal Construction in interpreting the terms of the Contract- SC Ruled
When the Agreement specifies particular type/mode of constitution of Arbitral Tribunal, the same should be followed in strict sense- Supreme Court clarified.