Gaurav Nagpal vs Sumedha Nagpal on 19 November, 2008
29. Pertinently, we may refer to the case of Gaurav Nagpal v. Sumedha
Nagpal, (2009) 1 SCC 42 wherein the Supreme Court observed that "Merely
because there is no defect in his personal care and his attachment for his
children--which every normal parent has, he would not be granted custody.
Simply because the father loves his children and is not shown to be
otherwise undesirable does not necessarily lead to the conclusion that the
welfare of the children would be better promoted by granting their custody
to him. Children are not mere chattels nor are they toys for their parents.
Absolute right of parents over the destinies and the lives of their children,
in the modern changed social conditions must yield to the considerations
of their welfare as human beings so that they may grow up in a normal
balanced manner to be useful members of the society and the guardian
court in case of a dispute between the mother and the father, is expected to
strike a just and proper balance between the requirements of welfare of the
minor children and the rights of their respective parents over them."