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Head Note

The Guardians and Wards Act, 1890  - Section 7 , Section 8 , Section 17 , The Hindu Marriage Act, 1955  - Section 13-B , Section 26

Custody of minor child - Divorce by mutual consent - Custody of male child aged 8/10 years given to wife with visiting rights to father - Wife getting better job in Australia and wanted to take child to Australia - The child categorically stated before trial Court, High Court and in Supreme Court that he wanted to live with his mother - Wife gave an undertaking to bring the child to India twice a year to comply with visiting rights of father - Held - The welfare of the child is of paramount importance in matters relating to child custody and may have a primacy ever over statutory provisions - Further held - A child is not a chattel nor is he/she an article of personal property to be shared in equal halves.

The Hindu Marriage Act, 1955  - Section 26

Divorce by mutual consent - Custody of minor child aged 8/10 years - In determining the question as to who should be given custody of a minor child, the paramount consideration is the "welfare of the child" and not rights of the parents under a statute for the time being in force - In the instant case custody given to mother who got a job in Australia and child expressed his desire to go with mother.

Topic(s)-Custody of minor child , Divorce by mutual consent