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march 2004

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.

Renubala Moharana & Anr vs Mina Mohanty & Ors · Niyam