On 12th May, 2008, a two Judge Bench in Mausami Moitra Ganguli vs Jayant Ganguli [C.A.No.3500 of 2008] held that "while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. Indubitably the provisions of law pertaining to the custody of a child contained in either the Guardians and
Wards Act, 1890 (Section 17) or the Hindu Minority and Guardianship Act, 1956 (Section 13)also hold out the welfare of the child as a predominant consideration. In fact, no statute, on the subject, can ignore, eschew or obliterate the vital factor of the welfare of the minor."
"Better financial resources of either of the parents or their love for the child may be one of the relevant considerations but cannot be the sole determining factor for the custody of the child",the Bench said.
The Bench emphasized that "a heavy duty is cast on the Court to exercise its judicial discretion judiciously in the background of all the relevant facts and circumstances, bearing in mind the welfare of the child as the paramount consideration."
