Supreme Court of India · 2004-03-23
Renubala Moharana & Anr vs Mina Mohanty & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 3500
- Court
- Supreme Court of India
- Petitioner
- Renubala Moharana & Anr
- Respondent
- Mina Mohanty & Ors
- Author
- P. Venkatarama Reddi
- Bench
- Ruma Pal, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court addressed the applicability of Section 7 of the Guardians and Wards Act and Section 7 of the Family Courts Act in a custody dispute involving a minor child. The Court held that while the Family Court cannot declare legitimacy without a marital relationship, it can entertain petitions for guardianship and custody under the relevant sections. The Court upheld the High Court's decision to reverse the Family Court's dismissal of the custody petition, emphasizing the child's welfare as paramount in guardianship matters.