The consideration governing the custody of children is the lsquo welfare of the children rsquo and n...........

Hindu Minority and Guardianship Act 1956 Testamentary Guardian

The consideration governing the custody of children is the ‘welfare of the children’ and not the rights of the parents. But the expression ‘welfare of the children’ admits ‘no straightjacket yardstick’. How do the custody courts resolve this predicament ? IIIustrate your answer through some judicially decided cases. (5 marks)

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