Supreme Court · 2006 INSC 872 · Decided 21 November 2006

Lekha v. P. Anil Kumar

Court
Supreme Court of India
Citation
2006 INSC 872 · [2006] SUPP. 9 S.C.R. 234
Case number
CIVIL APPEAL No. 5131/2006
Decided
21 November 2006
Bench
AR. LAKSHMANAN, ALTAMAS KABIR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Guardians and Wards Act, 1890-ss. 17 and 25-Custody of 12 year child-Child living with mother for last several years-Trial Court interviewed C the child who expressed desire to live only with his mother-Mother having income source and also having land and properties in her name-Trial CoOJrt held grant of custody to the father-On appeal, held: Paramount consideration is welfare ofthe child-He is happy and contented with his mother and it would not be right to unsettle the D same-High Court erred in giving custody of child to father only on ground of remarriage of mother without

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