Roxann Sharma v. Arun Sharma 2015 8 SCC 318

In the instant case the mother of the minor child is a postgraduate from a renowned foreign university and was holding college professorship in a foreign country and there was allegation of her suffering from bipolar disorder and allegation against the father was that he was alcoholic, drug addict & unemployed and hence not in a better position to keep the custody of the minor child. The court held that the custody of the child below the age of 5 years should be given to his/her mother unless father discloses cogent reasons that are indicative of likelihood of welfare and interest of child being undermined or jeopardised if custody is retained by mother.

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