Nisha and Aakash are separated, and they both seek custody of their minor child, Aarav. Nisha has been…
Under the Guardians and Wards Act, 1890, read with settled case law, the court is guided primarily by "The welfare and best interests of the child." A parent's superior…
Choose your answer
Nisha and Aakash are separated, and they both seek custody of their minor child, Aarav. Nisha has been the primary caregiver, while Aakash claims that he can provide better financial stability for Aarav. They both approach the court under the Guardian and Wards Act, 1890. Which of the following factors will the court primarily consider in determining the custody of Aarav ?
Answer and explanation
Correct answer C
Under the Guardians and Wards Act, 1890, read with settled case law, the court is guided primarily by "The welfare and best interests of the child." A parent's superior income is not decisive by itself; caregiving history, stability and the child's overall interests must be assessed.
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