Custody of Child -- Welfare of Minor Children -- Parental right is subordinate to welfare and best interests of children
(i) Guardians and Wards Act, 1890, S.17 -- Custody of Child -- Welfare of Minor Children -- Welfare and best interests of the child are the paramount consideration -- Parental right is relevant but subordinate to it -- Financial resources alone do not decide custody, and emotional security, stability, care, education and moral development must also be weighed. (ii) Constitution of India, 1950, Art.226 -- Custody of Child -- Habeas Corpus -- Habeas corpus can be used in a child custody dispute -- Court decides on the circumstances existing on the date of decision and not on a future or assumed position -- Child's reluctance to leave the parent it lives with does not mean rejection of the other parent. (iii) Guardians and Wards Act, 1890, S.17 -- Custody of Child -- Visitation Rights of Other Parent -- Custody arrangement must preserve the bond of children with both parents -- Parent without custody may be given regular visits and daily video interaction -- Parents must not speak ill of each other before the children.
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