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    <title>1973 (4) TMI 118 - Supreme Court</title>
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    <description>In custody disputes under the Guardians and Wards Act, the child&#039;s welfare is the paramount consideration, and parental preference does not create an absolute right in favour of the father merely because no unfitness is proved. Section 25 is stated to extend to constructive as well as actual custody, so a custody application by the husband can be competent even where the children are not in his physical possession. The text also notes that custody and access may be shaped by the children&#039;s age, need for maternal care, education and home environment, while unproved allegations against the wife are not determinative. Maintenance or alimony orders are described as discretionary and not readily disturbed in appellate review.</description>
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    <pubDate>Thu, 05 Apr 1973 00:00:00 +0530</pubDate>
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      <title>1973 (4) TMI 118 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199340</link>
      <description>In custody disputes under the Guardians and Wards Act, the child&#039;s welfare is the paramount consideration, and parental preference does not create an absolute right in favour of the father merely because no unfitness is proved. Section 25 is stated to extend to constructive as well as actual custody, so a custody application by the husband can be competent even where the children are not in his physical possession. The text also notes that custody and access may be shaped by the children&#039;s age, need for maternal care, education and home environment, while unproved allegations against the wife are not determinative. Maintenance or alimony orders are described as discretionary and not readily disturbed in appellate review.</description>
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      <pubDate>Thu, 05 Apr 1973 00:00:00 +0530</pubDate>
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