Supreme Court of India · 2011-12-16
Gaytri Bajaj vs Jiten Bhalla
- Citation / case number
- AIR 2012 SUPREME COURT 541
- Court
- Supreme Court of India
- Petitioner
- Gaytri Bajaj
- Respondent
- Jiten Bhalla
- Bench
- J. Chelameswar, P. Sathasivam
Judgment text excerpt
The Supreme Court addressed the custody of two daughters in the context of a divorce under the Hindu Marriage Act, 1955, specifically Section 13-B(1). The Court emphasized that the welfare of the children is the paramount consideration in custody matters, holding that the daughters, aged 17 and 11, expressed a clear preference to remain with their father. The Court ordered that the mother should first establish contact with the children to gradually restore her relationship with them, rather than forcibly changing their custody, which could adversely affect their mental well-being.