1981 INSC 0232
                                              Dr. (Mrs.) Veena Kapoor

                                                           Vs

                                           Shri Varinder Kumar Kapoor

                             Special Leave Petition (Criminal) No. 1073 of 1981

                           (CJI Y.V. Chandrachud, A. Varadarajan, V.B. Eradi JJ)

                                                      06.04.1981

                                                        ORDER

1. The petitioner, Dr. (Mrs.) Veena Kapoor, is the wife of the respondent. The two, it appears, are
not living together. After their enstrangement, their 1 1/2 year old child, Akhil Ishwar, is in the
custody of the respondent. The petitioner filed a hebeas corpus petition (33 of 1981) in the High
Court of Punjab & Haryana, asking for the custody of the child alleging that the respondent was in
illegal custody of the child. The petition having been dismissed by a learned Judge of the High
Court, the petitioner has filed this petition for special leave to appeal.

2. It is well settled that in matters concerning the custody of minor children, the paramount
consideration is the welfare of the minor and not the legal right of this or that particular party. The
High Court, without adverting to his aspect of the matter, has dismissed the petition on the narrow
ground that custody of the child with the respondent cannot be said to be illegal.

3. It is difficult for us in the habeas corpus petition to take evidence without which the question as to
what is in the interest of the child cannot be satisfactorily be determined. We, therefore, direct that
the learned District Judge, Chandigarh, will make a report to us before the 23rd of this month on the
question whether the custody of the child should be handed over to the petitioner-mother, taking
into consideration the interest of the minor. The learned Judge will give liberty to the parties to
adduce evidence on the question in issue. The learned District Judge may either take up the matter
himself or assign it to an Additional District Judge, if there is any at Chandigarh.

4. Parties have agreed to appear before the learned District Judge on Thursday, April 9, 1981 at
11.00 a.m. The learned Judge will give necessary directions to the parties for the expeditious
disposal of the matter.

5. The matter will listed before us on Monday, April 27, 1981.

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