What is the desire of the child is different and distinct from the question what would be in the best interest of the child
Rohith Thammana Gowda vs. State of Karnataka & Ors. [Civil Appeal Nos. 4987 of 2022]
RELEVANT PARAGRAPH
8. At the outset we may state that in a matter involving the question of custody of a child it has to be borne in mind that the question âwhat is the wish/desire of the childâ is different and distinct from the question âwhat would be in the best interest of the childâ. Certainly, the wish/desire of the child can be ascertained through interaction but then, the question as to âwhat would be in the best interest of the childâ is a matter to be decided by the court taking into account all the relevant circumstances. When couples are at loggerheads and wanted to part their ways as parthian shot they may level extreme allegations against each other so as to depict the other unworthy to have the custody of the child. In the circumstances, we are of the view that for considering the claim for custody of a minor child, unless very serious, proven conduct which should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely looking into the question as to, âwhat would be the best interest of the child concernedâ. In other words, welfare of the child should be the paramount consideration. In that view of the matter we think it absolutely unnecessary to discuss and deal with all the contentions and allegations in their respective pleadings and affidavits.