Minor’s welfare prevails over personal law, says Chhattisgarh HC | India News


RAIPUR: The Chhattisgarh high court has held if there is a conflict between the personal law to which a minor is subject, and the consideration of a minor’s welfare, the latter must prevail.
Disposing of an appeal filed by Irfan Ur Rahim Khan, challenging a Bilaspur family court order which gave custody of the child to the mother, a division bench of Justice Goutam Bhaduri and Justice Rajani Dubey said in the order that “under the principles of Muslim law, the mother is entitled to custody of her male child until he completes the age of seven years and of her female child until she has attained the age of 14. However, the principle of law, which is well established, is that in a proceeding for appointment of a guardian, it is not the guardianship of a minor that is of importance, but the welfare of the minor has to be taken into consideration. If there is a conflict between the…

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