Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Guardians and Wards Act. 1980 - s. 25 rlw. ss. JO and 12 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Guardians and Wards Act. 1980 - s. 25 rlw. ss. JO and 12 - Application under - For custody and appointment of Guardian of minor daughter - Filed by the mother - Dismissed by the Family Court - Allowed by High Court - On interaction with the minor child, she expressed her wish to continue to stay with her father - Held: Principle of welfare of minor child is enumerated in ss. 17 and 13 of Hindu Minority and Guardianship Act, 1956 - Jn the instant case, the factors which weigh in favour of the father are that the child is livingwith him from the age of 21 months and that she desires to continue to live with him - However, for the first 21 months, it was the mother who nursed the child and she was forcibly deprived of the custody when she was forced to leave the matrimonial house - Within few days, mother also moved the court seeking the custody - The intensity of negative feeling of father against the mother could have affected the psyche of the child - Taking into account the crucial phase of life of the child, it is necessary that she is in the continuous company of her mother as well, for some time - Jf the child is admitted in the school where her mother is teaching, the child would be under fi1/l care and protection of her mother and would° gel heller education and guidance - The mother is granted custody of the child for one year - She is directed to get the admission for the child in the school where she is teaching - {f the child gets admission, custody of the child shall be handed over to the mother one week before the academic sessions 2017-18 starts - Matter to be listed in March 2018 for fi1rther directions - Hindu Minority and Guardianship Act, 1956 - ss. 7, 13 and 17. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 130 |
Petitioner | Vivek Singh |
Respondent | Romani Singh |
SCR | [2017] 2 S.C.R. 312 |
Judgement Date | 2017-02-13 |
Case Number | 3962 |
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