> For the complete documentation index, see [llms.txt](https://videv.gitbook.io/child-custody-guardianship-and-visitation-for-fat/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://videv.gitbook.io/child-custody-guardianship-and-visitation-for-fat/full-custody-of-child-with-father/mother-cant-be-favoured-as-a-general-rule-kumar-jahgirdar-vs-chethana-ramatheertha.md).

# Mother can't be favoured as a general rule - Kumar Jahgirdar vs Chethana Ramatheertha

**Mother as custodial parent cannot be favoured as a general rule** 

Kumar v. Jahgirdar v. Chethana Ramatheertha, SLP (Civil) 4230-4231/ 2003, Supreme Court of India, Judgment dated 29 January, 2004.

<https://indiankanoon.org/doc/1388050/>

In a 2004 judgment, commenting on a judgment of the Karnataka High Court that reversed a Family Court order and allowed the mother to retain custody of the minor daughter, the Supreme Court noted:

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We make it clear that we do not subscribe to the general observations and comments made by the High Court in favour of mother as parent to be always a preferable to the father to retain custody of the child. In our considered opinion, such generalisation in favour of the mother should not have been made.

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