Act/Law wise: Judgment of Supreme Court of Bangladesh

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Convention on the Rights of the Child (CRC)
Section/Order/Article/Rule/Regulation Head Note
Articles 7 and 12

The Appellate Division observed that the best interests of any child requires that she/he be cared for by her/his parents. This is their innate right at birth. Article 7 of the CRC also provides that a child has the right to know and be cared for by his or her parents. Naturally, when the parents are at loggerheads, it would be the duty of the courts to ensure that the best interests of the child are protected. Article 12 of the CRC provides that the child should be permitted to express her/his views freely in matters affecting her/him. This concept is also not new since the Guardians and Wards Act, 1890 provides that if the minor is old enough to form an intelligent preference, the Court may consider that preference. It is with such provisions in mind that we invariably speak to the children concerned in order to find out their views and preferences.
Mainul Islam Chowdhury -Vs.- Rumana Foiz and others. (Civil) 14 ALR (AD) 37-40 ....View Full Judgment