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Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): C. K. Thakker, D. K. Jain , JJ

(A) Hindu Minority and Guardianship Act (32 of 1956) , S.13— Guardians and Wards Act (8 of 1890) , S.17— Custody of child - Welfare of child - Is paramount consideration - No law can ignore, eschew or obliterate such vital factor - Better financial condition or love for child of either of parties - Is relevant - But not sole determining factor for deciding custody. (Para 14) (B) Hindu Minority and Guardianship Act (32 of 1956) , S.13— Guardians and Wards Act (8 of 1890) , S.17— Custody of male child - Mother leaving matrimonial home when child was less than 3 years old - Child thereafter living with his father - Had been studying in good school - Have a group of friends there - Father having good financial resources - Mother staying all alone at another place - Child during interview by Court opting to stay with father - Showing his disinclination to leave his birth place - Dislocation of child from place where he has grown-up would not only impede his schooling, but also cause emotional strain and depression on him - Mother, applicant refused custody of child. (Para 17) .....