*Sharmila Velamur Versus V. Sanjay (2025 SC)* 1. The fundamental principle guiding the custody is the doctrine of _parens patriae_ i.e. it is the duty of the courts to determine the course of action that would best serve the interests and welfare of the child. 2. One of the factors to determine the best interests of a child is: the wishes of the child (only if the child is capable of making independent decisions). 3. With respect to the mental capacity of making independent decisions, the Courts have to form their own opinion. Courts can interact with the child as well. But the courts should also consider the medical opinion. Courts cannot discard the expert’s opinion as a whole. 4. In the event there is any confusion or doubt regarding a person's capacity and ability to make independent decisions and if there is a definitive opinion on disability endorsed by a specialist, domain expert, or a doctor, the Court should give due credence to that opinion. If the expert's report concludes that the mental or physical age of the person concerned is well below the age of majority, there can be no inference of any 'implied' or ‘express' consent to any act which might have a substantive impact on the consenting person. Unless there are strong reasons to disbelieve an expert's report to this effect, the Courts must be overly-cautious in coming to a finding contrary thereto.