Custody of Child  – Question of custody and welfare of the child being supreme – Can only be decided on the basis of evidence – Relegated to avail the remedy under the Guardian and Wards Act to seek the custody of the minor child before the appropriate Court – Habeas corpus [PLRonline 3313405]

LogIN for Full Judgment / PLRonline 3313405

Custody of Child  – By the wife – Before this Court as well as through mediation, innumerable efforts have been made by us for an amicable settlement between the two, to secure the interest of the child so that he is not deprived of either love of father or the mother – Since the question of the custody of the minor child and the welfare of the child being supreme it can only be decided on the basis of evidence as to which of the two parents are in a better position to look after the welfare of the child and a conclusion in respect of same only be arrived at by way of an evidence –  It would be in the interest of justice that the appellant is relegated to avail the remedy under the Guardian and Wards Act to seek the custody of the minor child before the appropriate Court – Guardian and Wards Act.

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