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.