Muthiah Jeyarajan v. Thushiyanthi Jeyarajan and Others – sllr 1999 volume 1 page 113

In the case between Muthiah Jeyarajan (Plaintiff) and Thushiyanthy Jeyarajan and others (Defendants), the court addressed the issue of the proper allocation of custody for a minor child, considering the interplay between the traditional preferential rights of the father and the paramount welfare of the child under Roman Dutch Law and English Law. It was held that the primary consideration must be the best interests and security of the child, rather than strict adherence to paternal preference. The holding reaffirmed the legal principle that the welfare of the child supersedes parental entitlements, with the decision relying on relevant case law such as Calitz, Ivaldy, and September v. Karriem. The outcome emphasized that disturbance of the child’s established sense of security is unwarrant