Minor's Religion Not Key in Custody Cases

The religion of a minor cannot be a decisive factor when determining custody, the Bombay high court ruled on Monday while dismissing a city-based businessman's plea seeking custody of his three-year-old daughter from his estranged wife, a fashion stylist of Pakistani origin.

- HT Correspondent

MUMBAI:

"The religion of the minor is only one of the considerations, but it is not a decisive, overriding factor. It is among several factors the court must weigh to determine the welfare of the child," observed a division bench of Justices Sarang Kotwal and SM Modak while rejecting the petition filed by Sahil Raju Gilani, director of Gits Food Products, a company best known for its instant Gulab Jamun mixes.

Referring to Section 17(2) of the Guardians and Wards Act, the court noted that while the minor's age, sex, and religion are factors to be considered, none can be treated as conclusive in isolation.