Supreme Court on Wednesday 12th January held that In a battle for custody of child, the rights of the parents are irrelevant and it is the child’s welfare which is paramount. The judgment was delivered in the case of Vasudha Sethi v Kiran Bhaskar, by a Bench of Justices Ajay Rastogi and Abhay S Oka. The bench observed that the issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents. The Court underlined that the paramount consideration is the welfare of the minor child and the rights of the parties litigating over the custody issue are irrelevant. It observed that the Court cannot direct where parents should reside but it can pass directions to ensure the welfare of the child.
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