U. DURGA PRASAD RAO, A. V. RAVINDRA BABU
Nandi Muni Kumar S/o N. Muni Krishnaiah – Appellant
Versus
Ekambaram Swetha W/o Nandi Muni Kumar – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. Challenge in the Family Court Appeal No. 37 of 2022 is to the order, dated 02.05.2022, in F.C.O.P. No. 156 of 2019 on the file of the Judge, Family Court-cum-V Additional District Judge, Tirupati (for short ‘the learned Judge, Family Court’) where under the learned Judge, Family Court dismissed the Petition filed by the petitioner (husband) under Section 7 of the Family Courts Act, 1984 (for short ‘the FC Act’) seeking custody of the minor child by name Likith Sri Sai @ Sri Sreeyansh.
2. Challenge in the Civil Revision Petition No. 1842 of 2022 is to the order, dated 12.08.2022, in I.A. No. 642 of 2022 in G.O.P. No. 147 of 2017 where under the learned Judge, Family Court modified the orders passed in G.O.P. No. 147 of 2017, dated 12.01.2019.
3. The parties to this Family Court Appeal and Civil Revision Petition will hereinafter be referred to as arrayed before the trial Court in the respective cases.
4. The appellant (husband) herein is the petitioner in F.C.O.P. No. 156 of 2019, who filed the same under Section 7 of the FC Act seeking custody of the minor child by name Likith Sri Sai @ Sri Sreeyansh. The case of the petitioner, in brief, as set out
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The paramount consideration in custody matters is the best interest and welfare of the child, not the legal rights of the parents.
The paramount consideration in custody disputes is the welfare of the child, favoring maternal custody for girls over seven, barring harmful circumstances.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
(1) Custody of minor child – Custody orders are always considered interlocutory orders and by nature of such proceedings, custody orders cannot be made rigid and final and are always capable of being....
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
Handing over of child’s custody to father at this stage might create some problems initially and that would be resolved with passage of time.
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