Comprehension
The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
(Extracts from Jaswinder Singh and Another vs Surjit Singh, AIR 2010 (NOC) 425 (P. & H.))
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
(Extracts from Jaswinder Singh and Another vs Surjit Singh, AIR 2010 (NOC) 425 (P. & H.))
Question: 1
According to the passage, which is the most indispensable consideration in deciding the matters of custody of the child?
According to the passage, which is the most indispensable consideration in deciding the matters of custody of the child?
Updated On: Sep 10, 2025
- Financial ability of the parents
- Sex of the child and its age at the relevant time
- Physical Comfort, possibility of recreational activities of the child
- Environment conducive to development of moral and ethical values
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The Correct Option is D
Solution and Explanation
The most indispensable consideration in deciding matters of child custody, as per the given passage, is the environment conducive to the development of moral and ethical values. The passage emphasizes: 1. The welfare and well-being of the child are paramount, and while physical comforts, health, education, and favorable surroundings are crucial, moral and ethical values hold more importance. 2. In custody cases, the court's role transcends legal statutes and procedures, focusing instead on the child's holistic welfare, with human aspects being key. 3. Multiple Supreme Court cases underline the priority of these values over financial or other considerations. Thus, options such as financial ability of the parents, sex and age of the child, and physical comforts, while relevant, are secondary to moral and ethical upbringing.
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Question: 2
The provision of custody of child under the Hindu Minority and Guardianship Act, 1956 gives:
The provision of custody of child under the Hindu Minority and Guardianship Act, 1956 gives:
Updated On: Sep 10, 2025
- Right of custody to mother, if child is below five years of age
- Preferential custody right to father
- Custody right to any close relative who is found suitable
- Preferential consideration to mother, in case the child is below five years of age
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The Correct Option is D
Solution and Explanation
The Hindu Minority and Guardianship Act, 1956 outlines specific guidelines regarding the custody of children. Among the options provided, the correct answer is: Preferential consideration to mother, in case the child is below five years of age.
The supreme consideration in determining custody under this Act is the welfare of the child, as established in case laws such as ‘Nil Ratan Kundu v. Abhijit Kundu’ and ‘Gaurav Nagpal v. Semedha Nagpal’. The courts emphasize that decisions should not solely rely on statutory interpretations but also involve humane and ethical considerations for the child’s overall welfare.
Key Points:
- The welfare of the child is paramount.
- Preferential consideration is granted to the mother for children below five years old.
- Court’s decision-making prioritizes child’s comfort, contentment, and developmental needs.
- The child’s moral and ethical upbringing is also crucial alongside physical well-being.
This approach demonstrates the court’s parens patriae jurisdiction, focusing on a child’s best interests by considering all dimensions of their upbringing.
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Question: 3
The sensitivity in judicial decision making is manifest in this passage from the court’s observation that:
The sensitivity in judicial decision making is manifest in this passage from the court’s observation that:
Updated On: Sep 10, 2025
- custody of child can be given to grandparents
- welfare of child is paramount consideration
- ethical and moral wellbeing is given priority
- custody cases cannot be decided solely by interpreting legal provisions but is required to be solved with human touch
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The Correct Option is D
Solution and Explanation
The sensitivity in judicial decision-making regarding the custody of children is embodied in the Hon’ble Supreme Court's observation that custody cases cannot be decided solely by interpreting legal provisions because they require a human touch. This approach acknowledges that these cases involve humane problems within live relationships, necessitating a more compassionate and comprehensive evaluation beyond mere legal stipulations.
The Court, when dealing with custody disputes, operates beyond the constraints of statutes or strict evidentiary rules, emphasizing the welfare and well-being of the child as the key consideration. This includes evaluating not only a child's physical comfort, education, and intellectual growth but also moral and ethical values, which are deemed equally—if not more—important. The child's preferences, if mature enough to express a reasoned opinion, are also taken into account.
Such a perspective was highlighted in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’, where the Supreme Court underscored that welfare, ethical wellbeing, and moral upbringing are central to custody decisions, and the parents' legalistic demands should be secondary to the child's overall wellbeing. Similarly, in 'Gaurav Nagpal v. Semedha Nagpal', the Court reiterated the importance of assessing human factors in deciding custody matters to ensure they align with the child's best interests.
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Question: 4
What does the passage state about the opinion of a child who is old enough to state its preference regarding custody?
What does the passage state about the opinion of a child who is old enough to state its preference regarding custody?
Updated On: Sep 10, 2025
- the child has a right to get custody order according to his preference
- the child’s preference in relation to his custody is immaterial
- the child’s preference must be considered but the court is the final deciding authority regarding the custody
- court is bound by the child’s preference in relation to custody even if it differs in its opinion about whom to grant the custody
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The Correct Option is C
Solution and Explanation
The passage explains the legal approach towards the opinion of a child regarding custody. According to the law, as outlined in the cases mentioned:
- Nil Ratan Kundu and another v. Abhijit Kundu: The court must consider the child's preference if the child is old enough to form an intelligent preference or judgment. However, the final decision lies with the court, focusing on what is beneficial for the child's welfare.
- Gaurav Nagpal v. Semedha Nagpal: The child's welfare is paramount, considering factors like moral and ethical values. The court's role is to prioritize the child's welfare over the conflicting demands of parents.
the child’s preference must be considered but the court is the final deciding authority regarding the custody
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Question: 5
The considerations for the decision in relation to custody of child, is subject to which of the following basis as mentioned in Sec. 13 of the Hindu Minority and Guardianship Act, 1956?
The considerations for the decision in relation to custody of child, is subject to which of the following basis as mentioned in Sec. 13 of the Hindu Minority and Guardianship Act, 1956?
Updated On: Sep 10, 2025
- Welfare of the child is the paramount consideration
- Wishes of the child form the primary basis in custody cases
- Child’s health and educational needs are primary considerations
- Suitability of the person claiming custody is the basic consideration a Protection Order has a time limit of six months, while a Residence Order is permanent
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The Correct Option is A
Solution and Explanation
The decision concerning the custody of a child under Sec. 13 of the Hindu Minority and Guardianship Act, 1956 is fundamentally based on the principle that the welfare of the child is the paramount consideration. The law does not rigidly bind the courts to statutes or strict evidence rules in custody cases. The courts operate under parens patriae jurisdiction, prioritizing the child's welfare, which includes assessing factors like ordinary comfort, contentment, health, education, intellectual development, and environment. Moral and ethical values are considered equally or more important than physical comforts. Furthermore, if a child is capable of making an intelligent preference, their wishes are also taken into account by the court. Ultimately, it is the duty of the court to make a decision that best serves the child's welfare and well-being, even when faced with conflicting parental demands. This principle has been emphasized by the Supreme Court in various judgments, highlighting the need for a holistic and human-centric approach.
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