Mulla v. Mulla (1975) - Custody of Minor: Where Lies the Interest of Justice?

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Arre, 2 baje ho gayi hai, ab to Family Law pe khichdi khana hi kya. Seriously though, Mulla v. Mulla is one of those cases which will give you sleepless nights, or in my case, a sleep-deprived revision session. So, here's the deal: in the 1975 judgment, the SC held that the court's paramount consideration in deciding custody of a minor is the welfare and best interest of the child, not the wishes of the parents. But what constitutes the "best interest of the child"? That's where it gets interesting because the court can look at various factors like the child's age, sex, character, and wishes, if they are of sufficient age and capacity to form a rational judgment.

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