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.
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:
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.