The Allahabad High Court has dismissed the father’s argument that a mother who has right of custody as natural guardian is not entitled to exercise such right since the daughter was with the father before the parents split up. Specifically, the court upheld the Family Court order to grant interim custody of a four-year-old daughter to the mother inasmuch as the couple has been married since 2010 with a son in boarding school and a four-year-old daughter living in the father’s custody. It pointed out that the best interest of the child shall be the over arching principle in all custody issues, the mother being the natural guardian of any child below the age of five years. It was proper for the court to take into account that while the child has no criminal records of crime and no any allegations of the abuse have been made against the mother, while the father was baseless in claiming that if transferred would develop a lot of trauma. This judgment also affirmed subject to application for the children to be visited fortnightly by both parents and the freedom to alter this. Legal measures under section 9 and Section 17 of the Guardian and Wards Act 1890 and under section 3 of The Hindu Minority and guardianship Act 1956 were pointed out emphasizing on the child welfare which is the paramount consideration in awarding custody.