Supreme Court of India · 2010-01-05
Athar Hussain vs Syed Siraj Ahmed & Ors
- Citation / case number
- AIR 2010 SUPREME COURT 1417
- Court
- Supreme Court of India
- Petitioner
- Athar Hussain
- Respondent
- Syed Siraj Ahmed & Ors
- Author
- Tarun Chatterjee
- Bench
- V.S.Sirpurkar, Tarun Chatterjee
Judgment text excerpt
The Supreme Court addressed the appeal against the Karnataka High Court's order which set aside the Family Court's injunction preventing the appellant from interfering with the custody of his children. The Court held that under Sections 7, 9, and 17 of the Guardian and Wards Act, 1890, the Family Court had the authority to grant interim custody and guardianship, emphasizing the welfare of the children as paramount. The Court reinstated the Family Court's order, affirming the appellant's rights as the natural guardian while considering the respondents' claims for custody.