Custody of Minor
Principles Governing Consideration by Courts While Deciding Custody Disputes
The principles governing the consideration by courts in deciding custody disputes primarily focus on the welfare and best interests of the child. The key points highlighted in PLD 2024 Supreme Court 629 regarding this are:
Welfare and Best Interests of the Child
The welfare of the minor is the paramount consideration. Any decision regarding custody must involve a thorough assessment and determination of the child's welfare and best interests. This principle is foundational and overrides other considerations.
Relevant Factors and Variables
The court must take into account various factors and variables pertinent to the child's welfare. These can include the child's age, physical and emotional needs, the stability of the home environment, the child's relationship with each parent, and the ability of each parent to meet the child's needs.
Lawful Exercise of Discretion
Any exercise of judicial discretion in custody matters must be lawful, which means it must be rooted in a proper assessment of the child's welfare. Decisions made without such assessment cannot be considered lawful or sustainable.
Comprehensive Evaluation
The decision-making process must be comprehensive, taking into account all aspects that affect the child's well-being. This holistic approach ensures that the child's best interests are central to the court's judgment.
These principles underscore the importance of prioritizing the child's needs and interests above all else in custody disputes, ensuring that the court's decision promotes the child's overall welfare.