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Report No. 83

1.6. Welfare.-

As the welfare of the child is the paramount consideration, such welfare would prevail over parental rights. Parental rights would enter into a consideration, as one of the factors in considering the welfare of the child, but not as a dominating factor, where they would conflict with the welfare of the child. As Scrutton L.J. said1 in his picturesque language, "proceedings for obtaining custody are being used 'not for the body, but for the soul of the infant'."

1. Carrol (in re), (1931) KB 317 (331).

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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