The Court took a clear stand that this was not a case where it could be held that due to a contract between the couple, all other oral evidence must be excluded.
Thus, the statements made by both the children were taken into account.
“Reading of their statements would show that both have expressed that they love mother and wanted to stay with her,” the Court stated.
“Can we ignore the welfare of the minor children by accepting the submission of the appellant that oral evidence would be excluded? Certainly the answer would be in negative,” the Bench added.
Source: Barandbench
