If a marriage breaks down or ends-up in separation of a couple, the person(s) who suffer most is the child or the children born out of marriage.The Indian law has given importance to the welfare of the child rather than rights of parties.

  1. Who can claim custody

Custody can be claimed either by mother or by father. In case both mother and father are not alive, then their parental or maternal relatives can claim custody. Hon’ble Supreme Court (The Apex Court) in their various judgments has given paramount importance to the welfare of the child.

In Rosy Jacob vs. Chakramakkal, Hon’ble Supreme Court held that“The controlling consideration governing the custody of the children is the welfare of the children concerned and not the right of their parents”.

In another case of SumedhaNagpal vs. State of Delhi, the Humble Supreme Court held that decision on question of custody should be made bearing in the mind the welfare of the child. It cannot be made simply on the basis of the right of parties under the law.

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