2024-05-04 04:44:48

Paramount consideration is welfare and interest of child and not the right of parents

Section 10 & 25 – Custody of child – Paramount consideration is welfare and interest of child and not the right of parents under a statute – Better financial resources of either of parents under a statute – Better financial resources of either of parents or their love for child may be one of relevant considerations but cannot be sole determining factor for custody of child – Child has in very clear terms expressed the desire to stay with father which shows that he is being looked after properly and is already studying in a good school at father’s place – Nothing on record to suggest that Welfare of child is in any way in peril in hands of father – Child’s interest and welfare will be best served if he continues to be in custody of father – Order of High Court giving exclusive custody of child to father with visitation right to mother deserves to be maintained.

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