Principle Which Applies In the matter of the custody of children

The only principle which is applied while deciding the custody of children - the best interest of the child is important. This principle enshrined in the United Nations Declaration of the Rights of the Child is relied upon by Indian Courts while determining the parental rights for custody of children. This means the custody must be given to the person who is best suited to take care of the child or to the parent who is the primary caretaker of the child. In the Indian setting, usually, this person is the mother.

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