It is not necessary to follow the law if it is in the interest of the child: Supreme Court
The Supreme Court while delivering a unique judgment said that it is not necessary to follow any legislation, procedure or precedent if it is for the good or the interest of the child. The apex court said that the child’s interest is paramount. A bench of Justices UU Lalit, Justice Indu Malhotra and Justice Murari ordered the custody of the 12-year-old girl in the father’s custody in a husband-wife case. The bench rejected the allegation of the girl’s mother that the child’s father used to molest her. The mother said that allowing the child to live with the father is not free from danger.Seeing the seriousness of the matter, the bench said in its decision after talking to the girl and her parents, “We personally spoke to the girl and her parents.” We believe that the minor girl is well aware of this and is certainly in a position to vote with whom she wants to live and where she is well. The bench found that the girl studied in the seventh grade. He spoke fondly of the father and clearly expressed his desire to be with the father.
The father not only cared for catering, education etc. but also helped in the projects and activities of his school. The bench cited the Supreme Court’s decision in the case in 2008 that favored the child’s comfort, satisfaction, moral and physical development, health, education and a favorable environment.