'Wish/Desire Of Child' Is Different From 'Best Interest Of Child' : Supreme Court Allows A Father's Plea Seeking Child Custody

The Supreme Court observed that the question of 'what is the wish/desire' of the child is different and distinct from the question 'what would be the best interest of the child'. "The question 'what is the wish/desire of the child' can be ascertained through interaction, but then, the question as to 'what would be the best interest of the child' is a matter to be decided by the court taking into account all the relevant circumstances", the bench comprising Justices AM Khanwilkar and CT Ravikumar observed. Case details Rohith Thammana Gowda vs State of Karnataka | 2022 LiveLaw 643 | 29 July 2022 | CA 4987 OF 2022 | Justices AM Khanwilkar and CT Ravikumar Headnotes Child Custody - The question 'what is the wish/desire of the child' is different and distinct from the question 'what would be in the best interest of the child'. 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 - 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, 'what would be the best interest of the child concerned' - Welfare of the child should be the paramount consideration.