The best interest and welfare of the children are paramount in determining custody disputes.

( 1 ) CM (M) 527/2005 is directed against the order dated 15. 3. 2006 of the Guardian Judge, Delhi in Guardianship Petition No. 97/2004, whereby the learned judge disposed of an application moved under Section 27 of the Guardians and Wards Act along with the main petition under Sections 6 and 25 of the Guardians and Wards Act, handing over the custody of both children of the family, to the mother/respondent herein.

( 2 ) BRIEF facts of the cases as noted down by the Guardian Judge, Delhi are as follows:". . . . petitioner was married to respondent on 19. 1. 1997 at Delhi and two children were born out of the wedlock on 6. 10. 1997 and 19. 7. 2001. The elder one is Master Gurnoor Singh and younger one is Master Arshnoor singh. It is alleged that since the inception of the marriage, petitioner was subjected to cruelty by the respondent and his family members on account of unlawful demands of dowry. Repeated demands were raised by the respondent and petitioner s parents kept on fulfilling the same. According to the petitioner, in the night of 17. 9. 2003, the father of the respondent along with step-mother of the respondent took away both the children from petitioner illegally and forcibly in order to inflict further cruelties upon petitioner. The brother-in-law also supported in causing all sorts of cruelties upon the petitioner. The respondent even tried to strangulate the petitioner but she was saved by her parents who came to her matrimonial home. The petitioner then went along with her parents and in this way was forced to leave matrimonial home. Despite several efforts to bring any amicable settlement, nothing could be successful and even the children have not been returned to petitioner despite several requests. Finding no other alternative, petitioner lodged complaint before CAW cell against the respondent and his family members. It is further stated that respondent is irresponsible, a habitual drinker and a self-centred person. The children are not being kept properly by the respondent and his parents. The respondent and his family members have no love and affection for the minor children and their company would cause physical and psychological damage to the growth of the children. It is stressed that in the interest and welfare of the children and for their proper growth and development, their custody should be handed over to the petitioner/mother who is competent and capable to bring up her children in the best possible manner. It is, therefore, prayed that interim custody of the children be handed over to the petitioner till the pendency of the present petition. The respondent/father contested the petition and application by filing reply controverting all the averments of the petition. It is contended that respondent is the natural, lawful, competent and capable guardian to have the custody of his children and has been taking personal care of the children. The respondent is stated to be capable and dedicated to provide congenial and better atmosphere for the welfare of the children whereas petitioner is violent, negligent and an irresponsible lady. She has not been taking care of the children as mother at any point of time. Specific instances have been detailed against the petitioner to show that she is not a proper person to have the custody of his children. It is categorically denied that petitioner was subjected to cruelties on account of unlawful demands of dowry. It is rather stressed that Civil Procedure Code, 1908 is violent and hostile since the inception of marriage and despite sincere efforts of the respondent there has not been any improvement in the behaviour, attitude and temperament of the petitioner. According to the respondent, petitioner left the matrimonial home on 11. 8. 2003 without informing the respondent. On telephone, the petitioner assured that she would return after two days but in fact she had made up her mind to desert the matrimonial home. The respondent also removed jewell