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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Tarun Chatterjee, V. S. Sirpurkar , JJ

(A) Guardians and Wards Act (8 of 1890) , S.12— Interim custody - Order as to - Welfare of child should be sole consideration. In matters of custody, as well-settled by judicial precedents, welfare of the children is the sole and single yardstick by which the Court shall assess the comparative merit of the parties contesting for custody. Therefore, while deciding the question of interim custody, court must be guided by the welfare of the children since S. 12 empowers the Court to make any order as it deems proper.(Para 32) (B) Guardians and Wards Act (8 of 1890) , S.19, S.12— Guardianship and custody - Are distinct questions - Father found fit to be guardian can continue to be guardian - But custody of child can be with another person - Grant of interim custody - Parties Muslim - Held Personal Law would apply. Under Section 19 unless the father is not fit to be a guardian, the Court has no jurisdiction to appoint another guardian. It is @page-SC1418 true that the respondents, the maternal relations of Muslim children, despite the voluminous allegations levelled against the father have not been able to prove that he is not fit to take care of minor children. However, the question of custody is different from the q....