THRITY HOSHIE DOLIKUKA Vs. HOSHIAM SHAVAKSHA DOLIKUKA

JUDGEMENT

(1.) Whether the father or the mother should have the custody of their minor daughter now aged 11 years, is the question which falls for consideration in this appeal by special leave granted by this Court.

(2.) Irreconcilable differences between the father and the mother and embittered relationship between the two have resulted, in a sad protracted litigation. Unfortunately, in the various proceedings in Court between the father and the mother, the child had become the central figure and the child had appeared in Court on occasions for being interviewed by the learned Judges of the Bombay High Court. The child, it appears, is quite bright and rather sensitive. The unfortunate litigation between the father and the mother appears to have badly affected the normal and healthy growth of the child. The situation appears to be all the more unfortunate. as the father and the mother both love the child dearly and the child is fond of both her parents. It is, indeed, sad that the parents who are both genuinely fond of their daughter and have her welfare in their hearts, could not compose, their differences and workout a solution which would be most conducive to the welfare of the child. The responsibility has, therefore, devolved on the Court, The task of the Court is indeed difficult and delicate. The Court in this case is concerned with a human problem affecting the future of a little girl. We feel that in a case of this nature a decision of the Court, however, may not succeed in solving the real problem and in achieving the desired goal. Anyway, as all attempts by Courts to bring about an agreed solution of the problem to the satisfaction of all concerned. have failed the Court must proceed to discharge its duly, however painful and delicate that task may be.

(3.) We shall now proceed to state some of the broad facts relevant for the purpose of the disposal of this case.