RAHUL SHUKLA Vs. SMT. MONA SHUKLA

JUDGEMENT

(1.) This is an appeal under section 47 of the Guardians And Wards Act (hereinafter referred to as the 'Act'), whereby, the appellant challenges the impugned order passed by the Court below while considering the propriety of the application filed by the appellant husband invoking Section 7 of the Act, where he has sought the guardianship of a minor daughter, named as Kriti, who was born on 10th November, 2014.

(2.) It goes beyond doubt and no assertions or clarifications are required, but still, the spirit and purpose of Section 7 of the Act is for providing guardianship of a minor child to either of the spouses, but while the Court exercises its power, the Court has to satisfy itself with a prime consideration, i.e. who would best serve the "welfare of a minor".

(3.) Before the Courts, based on the satisfaction as to the genuineness upon a guardianship for a person or property of minor declares a person as to be guardian under the Act, all proceedings invariably is not for the benefit of either of the spouses or to protect the interest of either of the spouses which may have their own vested intention behind it. But the basic purpose is and which the Court has to discharge is to ensure that with whom the best interest of the child is protected and it goes without saying that in the instant case where the minor daughter who was born on 10th November, 2014, who was only about 2 years and 11 months age, would obviously, the best interest of the child would be served by the mother, the most suited to nurture the child, in particular, the girl of this tender age.