Justice Dhingra Explains The Guidelines Used To Determine Child Custody

Here is what Justice Dhingra says while determining an interim child custody case:

“The principles of law in relation to the custody of a minor child are well settled. It is trite that while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. Indubitably the provisions of law pertaining to the custody of child contained in either the Guardians and Wards Act, 1980 (Section 17) or the Hindu Minority and guardianship Act, 1956 (Section 13) also hold out the welfare of the child are predominant consideration. In fact, no statute on the subject, can ignore, eschew or obliterate the vital factor of the welfare of the minor. The question of welfare of the minor child has again to be considered in the background of the relevant facts and circumstances. Each case has to be decided on its own facts and other decided cases can hardly serve as binding precedents insofar as the factual aspects of the case are concerned. It is, no doubt, true that father is presumed by the statutes to be better suited to look after the welfare of the child, being normally the working member and   head of the family, yet in each case the Court has to see primarily to the welfare of the child in determining the question of his or her custody. Better financial resources of either of the parents or their love for the child may be one of the relevant considerations but cannot be the sold determining factor for the custody of the child. It is here that a heavy duty is cast on the Court to exercise its judicial discretion judiciously in the background of all the relevant facts and circumstances, bearing in mind the welfare of the child as the paramount consideration.”

Here is the judgment: J Dhingra: CM(M) No. 752/2000 Ram Murti Chopra and Anr. v. Nagesh Tyagi

More information can be had from here:



1 Response to “Justice Dhingra Explains The Guidelines Used To Determine Child Custody”

  1. 1 Haris June 20, 2009 at 6:31 am

    I need help … if someone can please tell me at my situation what step need to be taken…
    I am based in Saudia Arabia in Riyadh city from last 6 years. I was married 4 years back it was arrange marriage and After wedding I found that she talk and react very un-matured or can say there is no mental stability restless at one day I can see 3 to 4 different modes and due to this our marriage is been always wedlock . But the problem is with my 3 year kid Danish he is most sufferer in between us. she never stay at one place I called her here twice but the max she can stay is 3 in Riyadh is months but due to her restless nature she is not staying any were and also she is not taking proper care of my kid.. if I send money for her monthly expenses she spends whole money within 2 weeks or week on her dresses and cosmetics or eating junk good .. I am too much worried and she is not ready to handover our son to me.. I don’t care about our marriage it is almost at end but I don’t want to spoil my son life he should go for baby setting then in some good school better and healthy atmosphere and want him to get normal life like other kids but it is not possible with her she wakeup at 12 noon and very lazy. I don’t know what to do please help me how to get my child custody. I have all proofs the acts she has done during her stay with me.
    Please help me friends . !!!
    You can email me at haris_ahin@yahoo.com

    Thanks and Best Regards,



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