Custody of Child -- Material Factors -- Determination Under Section 25 Guardians and Wards Act Requires Assessment of Parental Conduct, Breach of Court Undertakings, and Foreign Custody Orders Alongside Child Welfare
Under Section 25 of the Guardians and Wards Act, 1890, child welfare remains the paramount consideration but cannot be assessed in isolation. Custody determination must integrate parental conduct including unauthorised removal of children, breach of solemn court undertakings, finality of contempt orders, subsisting foreign custody orders revoking prior rights, disruption to education and settled routine, and the expressed preference of children capable of forming an intelligent opinion. Financial capacity and standard of living are material factors that cannot be excluded as irrelevant.
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