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1 - 6 of 6 (0.17 seconds)Section 97 in The Code of Criminal Procedure, 1973 [Entire Act]
Roxann Sharma vs Arun Sharma on 17 February, 2015
12. It must be remarked here that the holding of their Lordships in Roxann Sharma (supra) acknowledges the overbearing principle that for a young child, the mother is best suited to be entrusted with her/his custody, but, at the same time, the remarks in Roxann Sharma do indicate that for strong reasons, the rule can be departed from. Once it is the minor's welfare that is of paramount consideration, the particular circumstances affecting parties, their behaviour etc. may tip the scales to the other side. No doubt, to depart from the rule, based on a very innate facet of human experience, in the care and welfare of their young ones, there must be very strong reasons.
Nil Ratan Kundu & Anr vs Abhijit Kundu on 8 August, 2008
13. There are some very pertinent remarks in Nil Ratan Kundu (supra) about the principles governing custody of minor children, which must be referred to. It has been observed in Nil Ratan Kundu thus :
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 6 in The Code of Criminal Procedure, 1973 [Entire Act]
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