Guardianship of Infants Act, 1925, I am bound to consider first the welfare of the infant, and to treat his welfare

English courts focused on the welfare and happiness of the child and considered it to be of paramount importance in questions relating to his custody. In Re B’s Settlement, (1940) Ch 54, Morton J. said: 

“In my view, under s. 1 of the Guardianship of Infants Act, 1925, I am bound to consider first the welfare of the infant, and to treat his welfare as being the paramount consideration. In so doing, I ought to give the weight to any views formed by the courts of the country whereof the infant is a national. But I desire to say quite plainly that in my view this court is bound in every case, without exception, to treat the welfare of its ward as being the first and paramount consideration, whatever orders may have been made by the courts of any other country.”

Part Of Judgment
Lahore High Court
Criminal Proceedings
74048/19
2020 LHC 1172