Question

Nisha and Aakash are separated, and they both seek custody of their minor child, Aarav. Nisha has been the primary caregiver, while Aakash claims that he can provide better financial stability for Aarav. They both approach the court under the Guardian and Wards Act, 1890. Which of the following factors will the court primarily consider in determining the custody of Aarav?

• A. The welfare and best interests of the child.
• B. The parent who is financially more stable is granted custody automatically.
• C. The financial stability of both parents.
• D. The gender of the child.

Hint:

In custody cases, the child's welfare outweighs financial or gender considerations. The court aims to ensure the child's emotional, physical, and psychological well-being.

Answer 1

The Correct Option is A

Step 1: Understanding the Guardian and Wards Act, 1890.
Under this Act, when deciding custody of a minor, the court’s primary concern is the welfare and best interest of the child. Other factors like financial stability, parental status, or gender are secondary considerations.
Step 2: Analyzing the options.
(A) Correct — The welfare and best interests of the child are paramount in custody matters.
(B) Incorrect — Financial stability is a factor, but it does not automatically decide custody.
(C) Incorrect — The court examines welfare holistically, not merely financial stability.
(D) Incorrect — The gender of the child is irrelevant to custody determination.
Step 3: Conclusion.
Hence, the correct answer is (A), as the court prioritizes the welfare and best interests of the child above all else.