Custody of minor children after death of Mother

Guardians and Wards Act (1890),S. 12 _ Custody of minor children _ Death of mother of children _ Father facing charges under S.498 A, IPC _ Children were not willing to live with father _ Children narrating various episodes showing ill-treatment of their mother at the hands of father _ Children very happy with their maternal uncle _  The Apex Court, therefore,  in the interest and welfare of children declined to hand over their custody to their father though he had preferential right to custody.

AIR   1992 SC 1447. (Para 7)

Kirtikumar  Maheshankar Joshi Vs.Pradeep Kumar Karunashankar Joshi.

Civil Revn. Appln. No. 613 of 1991, D/24-7-1991 (Guj.) --Reversed.

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