Report No. 98
6.9. Custody of minor children.-
A suggestion regarding the custody of minor children, made by the same organi ation,1 similarly falls outside the scope of this Report. The suggestion is that custody in divorce cases be awarded to the spouse who is best suited in the child's terests, and that it may be borne in mind that for the congenial and happy growth of a child, the mother is of primary importance, unless she is mentally deranged.2
1. Law Commission File No. F.2(14)/83-L. ., S. No. 3, para. 2.
2. As to handicapped children, see para. 6 14, infra.