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Head Note

The Hindu Minority and Gaurdianship Act, 1956  - Section 6 , Section 13

Custody of minor child - Breakdown of the marriage ties between the parties - Father and mother filed separate petitions for custody of minor daughter who was then about the age of 3 years - Family Court gave custody of minor child to mother with visiting right to father - Order affirmed by High Court - Appeal - Heard - The child and found that she wanted to enjoy love and affection of both father and mother and had excellent understanding with father - But the child seemed to prefer her mother's company - Custody given to mother on following grounds - (1) Interest of the minor is of paramount importance to the Court which stands in loco parentis to the minor - Of course, the wishes of the minor are to be given due weightage. (2) She is girl child - She requires her mother's company more at this stage of her life. (3) Father was a successful businessman - Child in custody mother during pendency of proceedings - In view of business of father interest of the minor is of paramount importance to the Court which stands in loco parentis to the minor - Of course, the wishes of the minor are to be given due weightage with regard to custody of child.

Topic(s)-Custody of minor child