SC: In custody matters, welfare of the child is of paramount consideration

On 11thJuly 2019, the Hon’ble Supreme Court, in the matter of Sheoli Hati v. Somnath Das, observed that while taking a decision regarding custody or other issues pertaining to a child, welfare of the child is of paramount consideration.

The Hon’ble Supreme Court observed that:

In the circumstance in which the child is there, the Court has to take extra caution and precaution to ensure that the child is kept away from negative influences. (Para 13)

When the child has to go in the environment, where there is marital discord between her parents affecting the peace of mind of all including the parents and children, child suffers physical and mental distress. The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child’s personality and upbringing. (Para 16)

The ill effect on child, due to discord between the parents with negative feeling against each other has natural effect, which hinders the child’s normal development. (Para 17)

While taking a decision regarding custody or other issues pertaining to a child, welfare of the child is of paramount consideration.(Para 18)

Every child has right to proper health and education and it is the primary duty of the parents to ensure that child gets proper education.(Para 19)

What is in the interest of the child depends on the facts and circumstances of each case and has to be decided on its own merits without adhering to any fixed formula or rule. (Para 22)

Copy of judgement: Judgement_11-Jul-2019

-Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *