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.