Custody under Guardian and Wards Act, 1890 – main factor?
Explanation & Strategy
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The paramount consideration in all custody and guardianship decisions is the 'welfare of the child' — this principle overrides all other factors including parental rights, financial status, or gender preferences. The Supreme Court has consistently held that the child's physical, emotional, educational, and moral well-being is the decisive test. Wealth alone doesn't determine custody, nor does the child's gender automatically favor one parent.
The text reads: Section 17 GWA: In appointing or declaring the guardian of a minor, the court shall be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
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