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Chandrakala Menon (Mrs) And Anr. vs Vipin Menon (Capt.) And Anr. on 14 January, 1993

In Chandrakala Menon (Mrs.) v. Vipin Menon (Capt.) (1993) 2 SCC 6, the Hon'ble Supreme Court held that the question regarding the custody of a minor child cannot be decided on the basis of the legal rights of the parties. The custody of a child has to be decided on the sole and predominant criterion of what would best serve the interest and welfare of the minor. In that case also, the girl Soumya appeared in the chambers and her wishes and sentiments were gathered by the Hon'ble Supreme Court. She liked her maternal grand parents and the Court came to the conclusion that it would be in the interest and welfare of minor that she should be permitted to be in the custody of her mother Chandrakala. The custody of the father was refused.
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