AIR 2015 SUPREME COURT 2232 ::AIR 2015 SC 2925 ::(2016) 117 All LR 234

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Vikramajit Sen, C. Nagappan , JJ

(A) Guardians and Wards Act (8 of 1890) , S.7— Hindu Minority and Guardianship Act (32 of 1956) , S.6 Proviso— Custody of infant - Should be 'ordinarily' with mother - Order giving interim custody to father on ground that mother has not established her suitability to be granted interim custody of infant - Not valid - Proviso places onus on father to prove that it is not in welfare of infant child to be placed in custody of his/her mother - Wisdom of Parliament or Legislature should not be trifled away by curial interpretation which virtually nullified spirit of enactment. Interpretation of Statutes , — Spirit of enactment. 2014 (5) AIR Bom R 818, Reversed.AIR 2000 SC 1019, AIR 2008 SC 2262, Disting. (Para 9 18) (B) Guardians and Wards Act (8 of 1890) , S.14— Custody disputes pertaining to minor - Required to be dealt with only by one court - Order in writ petition by single Judge of High Court regarding visitation rights of mother - Trial court accordingly for carrying on that order, passed order about weekend visitations to mother - Writ petition, against - Another single Judge found trial court's order erroneous for adjudication de novo - Thus, order passed previously by co-ordinate Bench was nullified - Not justified. Pre....