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In deciding the custody, guardianship or adoption of a child, which principle governs courts in India?

Courts in India treat the welfare or "Best interest of the child" as the paramount consideration in custody, guardianship and adoption matters. Section 13 of the Hindu…

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In deciding the custody, guardianship or adoption of a child, which principle governs courts in India?

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Courts in India treat the welfare or "Best interest of the child" as the paramount consideration in custody, guardianship and adoption matters. Section 13 of the Hindu Minority and Guardianship Act and section 17 of the Guardians and Wards Act state the welfare principle, and Nithya Anand Raghavan v. State (NCT of Delhi) (2017) applied it to custody. Parental rights, biological ties and religion may be relevant factors but do not displace that principle.

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