Mamta Alias Anju Vs. Ashok Jagannath Bharuka
|
Head Note
The Hindu Marriage Act, 1955 - Section 26
Custody of children - Mutual divorce - Before deciding the issue as to whether the custody should be given to the mother or the father or partially to one and partially to the other, the High Court must (a) take into account the wishes of the child concerned, and (b) assess the psychological impact, if any, on the change in custody after obtaining the opinion of a child psychiatrist or a child welfare worker - All this must be done in addition to ascertaining the comparative material welfare that the child/children may enjoy with either parent - Matter remanded to High Court for decision afresh.
Topic(s)-Custody of children , Mutual divorce