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november 2006

Supreme Court of India · 2006-11-21

LEKHA vs P.ANIL KUMAR

Citation / case number
SC 2005/20343
Court
Supreme Court of India
Petitioner
LEKHA
Respondent
P.ANIL KUMAR
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 granting custody to the father. The Supreme Court reinstated the trial Court's order, affirming that the welfare of the child is paramount in custody disputes.

LEKHA vs P.ANIL KUMAR · Niyam