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SUPREME COURT OF INDIA

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PETITIONER:

THRITY HOSHIE DOLIKUKA

Vs.

RESPONDENT:

HOSHIAM SHAVAKSHA DOLIKUKA B

DATE OF JUDGMENT04/08/1982

BENCH:

SEN, AMARENDRA NATH (J)

BENCH:

SEN, AMARENDRA NATH (J)

PATHAK, R.S.

CITATION:

1982 AIR 1276 1983 SCR (1) 49

1982 SCC (2) 544 1982 SCALE (1)608

ACT:

Law relating to minor child-custody of the minor

daughter aged 11 years, whether to be with the mother of the

father Duty of the Court-Whether it is obligatory on the

part of the Court to interview the minor for ascertaining

the minor’s wishes and implement the same-Parsi Marriage and

Divorce Act, 1936, Sections 49; Guardians and Wards Act,

1890 : Sections 7 to 17.

HEADNOTE:

The appellant and the respondent belong to the Parsi

community and they were married in Bombay on the 27th

December 1960 according to the rights and ceremonies of the

Zoroastrian religion and custom. A son was born to them on

the 6th of May, 1965 and a daughter on the 18th April, 1971,

whose name is Gospi and aged 11 years. Irreconcilable

difference and embittered relationship between the appellant

and the respondent