Supreme Court of India · 1973-04-05
ROSY JACOB vs JACOB A. CHAKRAMAKKAL
- Citation / case number
- SC 1972/60361
- Court
- Supreme Court of India
- Petitioner
- ROSY JACOB
- Respondent
- JACOB A. CHAKRAMAKKAL
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court held that under Section 25 of the Guardians and Wards Act, 1890, the welfare of the children is the paramount consideration in custody disputes. The Court found that the husband's application for custody was maintainable despite the daughter attaining majority, as the welfare of the younger children necessitated judicial intervention. The Court emphasized that the father's right to custody is not absolute and must be weighed against the children's best interests, ultimately granting custody to the mother for the younger children.