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1994 Supreme(P&H) 485

V.K.BALI
Jacqueline Kapoor – Appellant
Versus
Surinder Pal Kapoor – Respondent


Judgment

1. Mrs. Jacqueline Kapoor, a German National, living Dusseldorf in the Federal Republic of Germany since her birth and mother of female minor, Navdeep Kapoor, seeks custody of the child from respondent-Surinder Pal Kapoor, her divorced husband and father of Navdeep Kapoor, obviously an off-spring of the parties to the litigation, who was born during the currency of their marriage, through present petition filed by her under Arts. 21 and 226 of the Constitution of India with the aid of Ss. 12 and 25 of the Guardians and Wards Act, 1890 and Ss. 13 and 14 of the Code of Civil Procedure. The question that requires adjudication is, thus, as to whether Navdeep Kapoor (hereinafter to be referred to as minor child) should remain under the care and custody of her mother or that the father, who is also natural guardian of the minor, should continue to bring her up, who is so doing for the last about eight months. As a necessary corollary to the question aforesaid, determination of paramount interest of the child to remain with the mother or father, is necessarily tagged up. Under the facts to be narrated in the preceding paragraphs, it shall also have to be determined as to whether t



















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