[Based on a news item written by J. Venkatesan, published in Deccan Chronicle dated 18th February, 2017 (Saturday)].
The Supreme Court on 17th February, 2017 (Friday) held that the welfare of minor child is the paramount consideration while granting custody of the child either to father or mother, separated after divorce. A Bench of Justices A.K. Sikri and R.K. Agarwal gave this ruling while entrusting custody of a 15-year-old girl to the father, ignoring the claims of the mother who chose to live in the United Kingdom.
The Bench said in the appointment or declaration of any person as guardian of a Hindu minor shall be the paramount consideration. The best interest of the child has been placed at the vanguard of family/custody disputes according the optimal growth and development of the child primacy over other considerations.
Writing the judgment Justice Sikri said the effect of separation of spouses, on children, psychologically, emotionally and even to some extent physically, spans from negligible to serious, which could be insignificant to noticeably critical. Rightful place of the child has been recognised in many international forums, which are adopted in this country as well.
Child-centric human rights jurisprudence that has been evolved over a period of time is found on the principle that public good demands proper growth of the child, who are the future of the nation.
Allowing appeal filed by the father Jitendra Arora, the Bench pointed out that in this case the child Vaishali is a mature girl of fifteen years of age. At this age, she can fully understand what is in her best interest. She is competent to take a decision for herself. There has been interaction with her by different Benches of this Court from time to time.
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