LexVIVEK SINGH versus ROMANI SINGH
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[2017] 2 S.C.R. 312
YIVEK SINGH
v.
ROMANI SINGH
(Civil Appeal No. 3962 of2016)
FEBRUARY 13, 2017
[J. CHELAMESWAR AND A. K. SIKRI, JJ.]
Guardians and Wards Act. 1980 - s. 25 rlw. ss. JO and 12 -
Application under - For custody and appointment of Guardian of
minor daughter - Filed by the mother - Dismissed by the Family
Court - Allowed by High Court - On interaction with the minor
child, she expressed her wish to continue to stay with her father -
Held: Principle of welfare of minor child is enumerated in ss. 17
and 13 of Hindu Minority and Guardianship Act, 1956 - Jn the
instant case, the factors which weigh in favour of the father are
that the child is livingwith him from the age of 21 months and that
she desires to continue to live with him - However, for the first 21
months, it was the mother who nursed the child and she was forcibly
deprived of the custody when she was forced to leave the matrimonial
house - Within few days, mother also moved the court seeking the
custody - The intensity of negative feeling of father against the
mother could have affected the psyche of the child - Taking into
account the crucial phase of life of the child, it is necessary that
she is in the continuous company of her mother as well, for some
time - Jf the child is admitted in the school where her mother is
teaching, the child would be under fi1/l care and protection of her
mother and would° gel heller education and guidance - The mother
is granted custody of the child for one year - She is directed to get
the admission for the child in the school where she is teaching - {f
the child gets admission, custody of the child shall be handed over
to the mother one week before the academic sessions 2017-18 starts
- Matter to be listed in March 2018 for fi1rther directions - Hindu
Minority and Guardianship Act, 1956 - ss. 7, 13 and 17.
Giving directions, the Court
HELD: 1. The principle of 'welfare of minor child' as
provided u/s. 13 of Hindu Minority and Guardianship Act, 1956,
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VIVEK SINGH v. ROMANI SINGH
is aimed at serving twin objectives. In the first instance, it is to
ensnre that the child grows and develops in the best environment.
The best interest of the child has been placed at the vanguard of
family/custody disputes according the optimal growth and
development of the child primacy over other considerations. The
child is often left to grapple with the breakdown of an adult
institution. While the parents aim to ensure that the child is least
affected by the outcome, the inevitability of the uncertainty that
follows regarding the child's growth lingers on till the new routine
sinks in. The effect of separation of spouses, on children,
psychologically, emotionally and even to some extent physically,
spans from negligible to serious, which could be insignificant to
noticeably critical. It could also have effects that are more
immediate and transitory to long lasting thereby having a
significantly negative repercussion in the advancement of the
child. This right of the child is also based on individual dignity.
[Para 10] (322-H; 323-A-D]
Gaurav Nagpa/ v. Sumedha Nagpal (2009) 1 SCC
42 : [2008] 16 SCR 396 - relied on.
2. Second justification behind the 'welfare' principle is the
public interest that stand served with the optimal growth of the
children. It is well recognised that children are the supreme asset
of the nation. Rightful place of the child in the sizeable fabric has
been recognised in many international covenants, which are
adopted in this country as well. Child-centric human rights
jurisprudence that has been evolved over a period of time is
founded on the principle that public good demands proper growth
of the child, who are the future of the nation. A proper education
encompassing skill development, recreation and cultural
activities has a positive impact on the child. The children are the
most important human resources whose development has a direct
impact on the development of the nation, for the child of today
with suitable health, sound education and constructive
environment is the productive key member of the society. The
present of the child links to the future of the nation, and while
the children are the treasures of their parents, they are the assets
who will be responsible for governing the nation. The tools of
education, environment, skill and health shape the child thereby
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