SMT. SURINDAR KAUR SANDHU vs HARBAX SINGH SANDHU & ANR.

The Supreme Court held that while Section 6 of the Hindu Minority and Guardianship Act, 1956 designates the father as the natural guardian of a minor son, this provision must yield to the welfare of the child. The Court emphasized that the child's best interests dictate that he should be in the custody of the mother. Furthermore, the Court recognized the modern theory of conflict of laws, asserting that jurisdiction should be based on the state with the most significant connection to the case, rather than on fortuitous circumstances. The appeal was allowed, granting custody to the mother.