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: Dec 3, 2024
- 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 passage emphasizes that the most crucial factor in deciding custody is the environment in which the child will grow, particularly one that fosters moral and ethical development. This is seen as essential for the child’s well-being.
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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: Dec 3, 2024
- 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
Under the Hindu Minority and Guardianship Act, 1956, the custody of a child below five years of age is generally preferred to be given to the mother. This is based on the understanding that the child’s physical and emotional needs are best met by the mother during early years.
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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: Dec 3, 2024
- 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 passage highlights that judicial decision-making in custody matters should not only be based on legal rules but should incorporate empathy and human sensitivity. The focus should be on the child’s emotional and psychological well-being, alongside legal considerations.
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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: Dec 3, 2024
- 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
While the child’s preference regarding custody is important, the final decision rests with the court, which considers various other factors, including the overall well-being of the child, in making the custody determination.
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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: Dec 3, 2024
- 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
Section 13 of the Hindu Minority and Guardianship Act, 1956 explicitly provides that the welfare of the child is the paramount consideration in determining custody matters, overriding other factors like financial or familial ties.
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