Law:

Section:

Guardians and Wards Act (VIII of 1890)---.--- ---.----S. 25---.---Custody of minor male child of 8 years---.---Mother and father of the child had divorced and mother had contracted second marriage and had given birth to a child from the second marriage while the father had not married again---.---Welfare of minor in such peculiar circumstances---.---Principles. Notwithstanding the right of the mother or father for the custody of male or female child under the personal law, the predominant consideration in determining the question of custody of minor is always the welfare of the minor, high Court in the present case had given cogent reasons for not giving the custody of minor to the mother who having contracted second marriage had also given birth to a child from her second husband. The mere consideration of love and affection of the mother with the child would be conducive to the welfare of the minor to give him in the custody of step¬father in the presence of real father who admittedly had not gone for second marriage. The father having sufficient sources of income was well off, he was living in a posh area and was capable of maintaining the minor in better manner and providing him proper education and thus he being real father of the minor and the natural guardian could not be deprived of the custody of his minor son of the age of more than 8 years on any other ground except the welfare of minor. The scanning of the facts pleaded by the parties would bring to the irresistible conclusion, that it would not be in the interest and welfare of the minor to allow to the mother to keep the child in her custody in the house of his step-father. Special feature of the case and the law on the subject would not suggest that welfare of minor would be in giving his custody to the mother and not to the father. Certainly the general rule that mother on contracting second marriage forfeits her rights of custody of child was not absolute and if the interest of child required that custody should be retained by the mother the Court may, in the interest of the welfare of minor, allow the mother to retain the custody of minor but to determine the question of interest of minor,…

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