CASE BRIEF

CASE NAME AND CASE LAW:

Shiwani Kabra vs Shaleen Kabra(Civil Appeal No. 1018/2010);
(Guardians and Wards Act, 1890, the Hindu Minority and
Section 13, Guardianship Act, 1956)
FACTS:
The marriage of the appellant and the respondent was
solemnized on 14.02.1994. From the wedlock, two sons were
born, who are approximately 15 and 9 years old. The appellant
and the respondent have been living separately since
10.04.2007, and have been involved in various litigations since
then, including a petition for divorce under Section 13(1) (i) &
1A of the Hindu Marriage Act, 1955 filed by the appellant. The
appellant had sought certain modifications in the arrangement
of custody of the children.

ISSUE:
Whether the custody of two children should be given to different
parent?

JUDGEMENT:
The Hon’ble Supreme Court on May 14, 2018, by a single-
judge bench of Justice G.S. Sistani held it was not proper to
separate the brothers. Since the brothers were close to each
other, the court decided that custody of both will be given to the
father and visitation rights were given to the mother. While
coming to the above conclusion, it of the contention that while
deciding the issue about custody of children the paramount
consideration is that of welfare of the child.