Supreme Court · 2008 INSC 920 · Decided 8 August 2008
Nil Ratan Kundu & ANR. v. Abhijit Kundu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 920 · [2008] 11 S.C.R. 1111
- Case number
- CIVIL APPEAL No. 4960/2008
- Decided
- 8 August 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 498A, 304
Headnote
Guardians and Wards Act, 1890 - ss. 7 and 17 - Gus- tody of minor child - Sought by father- Father facing criminal trial u/s 498A and 304 /PC for causing death of the mother of c the child - Child in custody of maternal grand-parents - Courts below granting the custody to the father - On appeal, to the father without applying principle of welfare of the child as paramount consideration - Custody of minor being humane problem, to be solved with D human touch and not solely by interpreting legal provisions - -=' 'I' The court in selecting a guardian exercises parens patriae jurisdiction -
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