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november 2006

Supreme Court of India · 2006-11-21

Lekha vs P. Anil Kumar

Citation / case number
2006 AIR SCW 6358
Court
Supreme Court of India
Petitioner
Lekha
Respondent
P. Anil Kumar
Author
Ar. Lakshmanan
Bench
Ar. Lakshmanan, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the High Court of Kerala erred in reversing the trial Court's decision regarding child custody under the Guardians and Wards Act, which had favored the mother based on the child's welfare. The Court emphasized that the High Court's decision lacked a proper assessment of the child's interests, particularly as it did not interview the child before making its ruling. The Supreme Court reinstated the trial Court's order, affirming that the custody should remain with the mother, thereby upholding the principle that the welfare of the child is paramount in custody disputes.

Lekha vs P. Anil Kumar · Niyam