Welfare of the children takes priority over other matters

The happiness of the children is the overriding factor when the Court is considering the issue of custody. The well-being and development of the children will feature most importantly in the judge’s consideration, while the interests of husband and wife are of secondary significance.

The Court only wants to make sure that despite the break-up of the family unit, children will enjoy a stable and comfortable life without many disturbances.

Whether the wife has more time or is more capable of handling the children or the husband’s mother or sister is available is of less importance in the case of children above the age of 7.

The Court jealously protects well-being of the children. No one can take away the right of the child to live a life of his or her own to his or her best ability. The family break-up will not. This seems to be the basic principles the Court exercises.

The Court’s ensures that the selfish desires of the divorcing husband and wife shall not have anything to do with the custody of children.
The well being of the children can only be assumed if the husband and wife look beyond their selfish needs and focus only on the needs of their children.

The children’s education is an important area in the issue of maintenance. The cost of educational be borne by the husband or the wife.