Supreme Court States 'Welfare Of Minor To Be The Predominant Consideration' In Custody Battle Case

The apex court said that when a court decides that it is in the best interest of the minor to remain in the custody of one of the parents, the rights of the other parent are bound to be affected.

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Updated on: 12 January 2022 3:21 pm

Supreme Court States 'Welfare Of Minor To Be The Predominant Consideration' In Custody Battle Case

In regards to a ?case of custody battle between a US resident and his wife for their minor boy, the Supreme Court noted that welfare of the minor are of predominant consideration. It further stated? that the rights of the parties to a custody dispute are irrelevant.

It said the consideration of the well-being and welfare of the child must get precedence over the individual or personal rights of the parents.

"The principle that the welfare of the minor shall be the predominant consideration and that the rights of the parties to a custody dispute are irrelevant has been consistently followed by this court," a bench of justices Ajay Rastogi and Abhay S Oka said.

"The consideration of the well-being and welfare of the child must get precedence over the individual or personal rights of the parents," the bench said.

It said that a custody dispute involves human issues which are always complex and complicated and what is in the welfare of the child depends on several factors.

There can never be a straight jacket formula to decide the issue of custody of a minor child as what is in the paramount interest of a minor is always a question of fact, it said.

( With PTI Inputs)