Grant of custody of child is based on paramount consideration of welfare of minor child irrespective of legal rights of parents
Whenever a question arises before a court pertaining to the custody of a minor child, the matter is not to be decided on considerations of the legal rights of parties but on the sole and predominant criterion of what would best serve the interest and welfare of the minor.
The husband and wife were permanent residents of Canada. The child was born in Canada, is a citizen of Canada and came to India on Canadian passport. The husband has refused to return to Canada and hand over custody of the child to the wife. The minor girl child has spent period of more than five years out of six years in Canada. Continuance of the minor girl child in India will interfere with and will be harmful to her overall growth and grooming and will be prejudicial to her interest. The child, being a minor girl of tender age of six years, custody and company of her mother, who can provide her motherly love care and guidance and the required upbringing for her desired grooming of her personality character and faculties, will be of utmost significance.There is likelihood of minor girl child to be psychologically disturbed due to separation from her mother. Therefore, husband was directed to handover custody of minor girl child to wife.
Welfare of the child is not to be measured by money only nor merely physical comfort. The word 'welfare' must be taken in its widest sense. The moral or religious welfare of the child must be considered as well as its physical wellbeing. Welfare is an all-encompassing word. It includes material welfare, both in the sense of adequacy of resources to provide a pleasant home and a comfortable standard of living and in the sense of an adequacy of care to ensure that good health and due personal pride are maintained. However, while material considerations have their place they are secondary matters. More important are the stability and the security, the loving and understanding care and guidance, the warm and compassionate relationships that are essential for the full development of the child's own character, personality and talents.
