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august 2008

Supreme Court of India · 2008-08-08

Nil Ratan Kundu & Anr vs Abhijit Kundu

Court
Supreme Court of India
Petitioner
Nil Ratan Kundu & Anr
Respondent
Abhijit Kundu
Author
C.K. Thakker
Bench
D.K. Jain, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the decision of the lower courts granting custody of minor Antariksh Kundu to his father, Abhijit Kundu, under the Guardians and Wards Act, 1890. The Court emphasized that the father is the natural guardian and that the child's welfare is paramount, despite the pending criminal case against him for the alleged murder of the child's mother under Sections 498A and 304 IPC. The Court found that the respondent's custody would better secure the child's future, affirming the lower courts' rulings.

Nil Ratan Kundu & Anr vs Abhijit Kundu · Niyam