the best interest of the child is to be in the custody of her birth parents

Guardians And Wards Act, Sections 8, 10 and 25 Custody of child  Visiting rights Held, that in exercise of our judicial discretion, giving paramount consideration to the welfare of the minor, we are of the considered opinion that for contentment, intellectual, moral and physical development of the child, the best interest of the child is to be in the custody of her birth parents. The wishes of the child who is not old enough to form an intelligent preference cannot prevail over the welfare of the child - We, therefore, provide that the child be handed over to _ the appellants/applicants by the respondents within a period of one month from the date of delivery of the judgement. [Paras 35 and 36]

Nasrin vs Sajid FA 510/22 21/09/22 [ SUNITA JJ ]

[ ALLAHABAD HIGH COURT ]