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Report No. 133

Another Delhi Case

(6) There is another case from Delhi.1 The mother had applied for the custody of her son aged 3 years, under section 25 of the Act of 1890. The mother's application for interim custody was first granted by the trial court, but later he reviewed his order on the ground that there was not sufficient accommodation with the mother's parents. The High Court, exercising jurisdiction under Article 227, awarded custody to the mother.

The mere fact that the mother was not having any income of her own was not a ground to deprive her of the custody of her minor child. No amount of wealth is a substitute for the mother's love and the-care which she can bestow on her infant child. If the mother has no independent income for maintaining herself and the child, the father can certainly be asked for its maintenance, but he cannot use this as a handle to deprive the mother of the custody of the child.

1. Narinder Kaur v. Parshotinn Singh, AIR 1988 Del 359 (361), paras. 5 to 7 (Wadhwa, J.).

Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and elaboration of the Welfare Principle Back

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