Supreme Court of India

Nil Ratan Kundu & Anr. v. Abhijit Kundu

Neutral citation
Reported as [2008] 11 S.C.R. 1111
Bench C.K. Thakker and D.K. Jain JJ.
Decided 8 August 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, the appeal deserves to be allowed and is accordingly allowed.

Judgment, page 31

From the headnote

Guardians and Wards Act, 1890 - ss. 7 and 17 - Gus- tody of minor child - Sought by father- Father facing criminal trial u/s 498A and 304 /PC for causing death of the mother of c the child - Child in custody of maternal grand-parents - Courts below granting the custody to the father - On appeal, held: Courts below granted custody to the father without applying principle of welfare of the child as paramount consideration - Custody of minor being humane problem, to be solved with human touch and not solely by interpreting legal provisions - -=' 'I' The court in selecting a guardian exercises

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