Involvement of a father in death of mother is major factor to determine grant of custody

Fact about involvement of a natural guardian, in criminal case related to death of spouse, shall be an important consideration while determining question of welfare of minor for grant of custody.

Father of minor children sough for their custody, being natural guardian Grandmother of children was having their custody, after unnatural death of mother. Issue about minors' custody is not about right of one who claims it, but about welfare of minor. Involvement of father, in criminal case related to death of his wife, shall be important factor to determine question of welfare of minor for grant of custody. It is universally accepted for a principle in all matters, where questions relating to appointment or declaration of a guardian arise, or a claim is made to the minor's custody that it is the minor's welfare that is of paramount importance. Issue of welfare of the child cannot be mechanically determined in cases where one parent is facing criminal trial for murder of other parent. It is to be sensitively approached, taking into consideration both broad and subtle factors that would ensure it best.

Minor son expressed his unwillingness to go back to his father or stay with him, out of fear for his life. During course of such conversation, child also emotionally broke down and wept. The Court held that father facing criminal trial on charge of murdering his own wife is not entitled to custody of minor.