N NIRMALA Vs. NELSON JEYAKUMAR

JUDGEMENT

(1.) THIS is an appeal against the order dated 21.1.1998 in O.P.No.209 of 1996 relating to the custody of a minor girl, by name, N.Asha, aged about 12 years, whose parents have unhappily been living apart. The learned single Judge came to the conclusion that the custody of the minor girl should be with the father and the mother now appeals to this Court.

(2.) IN deciding the question as to the custody or up-bringing of a minor, the court must regard the minor's "welfare" as the first and paramount consideration and not the legal right of any particular party. IN making order appointing a guardian for the person of a minor, the tests ought to be. What order under the circumstances of the case would be best for securing the welfare and happiness of the minore With whom will the minor be happye Who is most likely to contribute to the well being of the minor and look after her health and comforte Who is likely to bring up and educate the minor in the manner required to develop the entire personality worthy of living, keeping the interest, well-being and happiness of the minor in view. The court must also give due weight to the possible effects of a change in custody, on the minor's future happiness and sense of security. What is "proper" custody depends upon the circumstances and, in particular, upon the minor's position and prospects in life.

(3.) THE grievance of the respondent was that the appellant belongs to Jehovah faith and never went to the Church, in spite of repeated requests which fact was admitted by the appellant. He has also stated that the child is more interested in going to Church along with him and in celebrating the functions, like Christmas, New year, Easter, etc. It is his grievance that she never used to show any love or affection towards the child and prevented the child from celebrating those functions and also not to take part in the sports activities in the school. It is his apprehension that she is taking Jehovah witnesses, which is not advisable to his daughter and if she is given to her custody, she may not be brought up in a proper atmosphere.