THRITY HOSHIE DOLIKUKA vs HOSHIAM SHAVAKSHA DOLIKUKA B

The Supreme Court held that in custody matters concerning minors, the paramount consideration must be the welfare of the child, as established under Section 49 of the Parsi Marriage and Divorce Act, 1936. The Court clarified that there is no obligation for the Court to interview the minor to ascertain their wishes before deciding custody, although it may do so if deemed necessary. The Court ultimately allowed the appeal of the mother, emphasizing that the minor girl was not in a position to form an intelligent preference due to the emotional strain caused by the custody disputes.