Supreme Court of India · 2010-09-14
SHYAMRAO MAROTI KORWATE vs DEEPAK KISANRAO TEKAM
- Citation / case number
- SC 2007/31450
- Court
- Supreme Court of India
- Petitioner
- SHYAMRAO MAROTI KORWATE
- Respondent
- DEEPAK KISANRAO TEKAM
- Author
- P. Sathasivam
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court addressed the custody dispute of a minor child under the Guardians and Wards Act, 1890, specifically referencing Section 7 which pertains to the appointment of guardians. The Court held that the welfare of the child is of paramount importance in custody matters, and in this case, the High Court's decision to grant custody to the father was upheld, reversing the District Judge's order that favored the maternal grandfather. The Court emphasized that the father, despite his second marriage, has a right to custody unless proven otherwise detrimental to the child's welfare.