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Report No. 265

8. Nature of Custody and Maintenance Order

It would be worth mentioning that the issue of custody of the child and determination of the amount of his/ her maintenance are of temporary nature. Both these issues are decided taking into consideration the welfare and interest of the child and not the right of either of the parent under any statute. Each case has to be decided on its own facts and welfare of the child is of paramount importance. The issue of res judicata is unknown in such cases as the order of custody as well as the amount of maintenance can be varied by the court at any stage on application by either of the parents/ parties.9

9. See: Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090; Dr. Ashish Ranjan v. Dr. Anupama Tandon, (2010) 14 see 274; Athar Hussain v. Syed Siraj Ahmed, AIR 2010 SC 1417; and Shilpa Agganval v. Aviral Mittal, (2010) 1 see 591.

Prospects of Exempting Income arising out of Maintenance Money of Minor Back

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