Rosy Jacob vs Jacob A. Chakramakkal on 5 April, 1973
3. By now it is well settled that in the proceedings for the custody or upbringing of a minor, the welfare of the minor is the only consideration irrespective of the claims of the parties to the custody. The Supreme Court in Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090 and Thrity Hoshie Dolikuka v. Hoshiam Dolikuka, AIR 1982 SC 1276, has laid down that in the matters concerning a minor, the Court has a special responsibility to protect the minor's interest and the Court is to be guided by the only consideration of welfare of the minor.