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D. V. S. S. SOMAYAJULU, V. SRINIVAS
Atheesh Sanka S/o Seshagiri Rao – Appellant
Versus
Sanka (Mamidi) Lakshmi Renuka W/o Atheesh Sanka – Respondent
JUDGMENT :
V. SRINIVAS, J.
1. This Civil Miscellaneous Appeal is directed against the Order and decree dated 01.08.2022 passed by the IV Additional District Court, Kakinada in Guardian O.P.No. 61 of 2019.
2. The appellant herein is the husband/respondent. For the sake of convenience, the parties herein are referred to as they are arrayed before the trial Court.
3. The respondent herein/wife filed a petition under Section 7 and 25 of Guardian and Wards Act and Section 6 of Hindu Minority and Guardianship Act, before the trial court against her husband/appellant herein, seeking custody of their minor child by name Akshaya.
4. The case of the respondent/wife herein in brief is as follows:
The child's citizenship and residence, along with the jurisdiction of the court where the child ordinarily resides, determine custody rights in international custody disputes.
It does not connote place of origin or country in which minor has citizenship. It does not depend on duration of minor’s residence, but more on intention of person who has child’s lawful custody; whi....
The main legal point established in the judgment is the application of territorial jurisdiction under the Guardians and Wards Act, 1890, and the consideration of the best interest of the child in the....
The welfare of a minor child is of paramount importance, and custody should generally remain with the mother unless proven harmful, reaffirming the 'tender years rule.'
Parental abduction undermines custody orders; courts prioritize the child's welfare over legal contingencies.
(1) Rights of parents are irrelevant when a Court decides custody issue. It is not a consideration at all for deciding the issue.(2) A parent has to be given an option to go abroad with child – It ul....
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