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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A.HARI HARANADHA SARMA
K. Lakshmi Narasaiah Achari S/o K. Nagaseshaiah – Appellant
Versus
Kamari Sirisha W/o Lakshmi Narasaiah – Respondent
JUDGMENT :
A. HARI HARANADHA SARMA, J.
Introductory:-
1. The petitioner in FCOP No.299 of 2021 on the file of the Family Court-cum-VII Additional District and Sessions Judge, Anantapuramu, prayed for the relief of custody of his children. Questioning the dismissal of his petition/application, under decree and judgment dated 01.08.2022, he has filed the present appeal.
2. Respondent is his wife.
3. For the sake of convenience, parties will be herein after referred to as the petitioner and the respondent, and children will be referred to as Minor No.1, Minor No.2 and Minor No.3 respectively.
Case of the Petitioner :-
4. [i] Marriage between the petitioner and the respondent was solemnised on 26.10.2008 at Anantapur as per Hindu rights and customs. During the wed lock, the petitioner and respondent are blessed with Minor Nos.1 to 3. Minor No.1 and 2 are daughters, Minor No.3 is son.
[ii] The application/petition filed by the petitioner for dissolution of marriage vide HMOP No.22 of 2018 was ended in decree in favour of the petitioner and the respondent did not choose to contest the same and it became final.
[iii] Minor No.1 is staying with the petitioner, Minor Nos.2 and 3 are staying with res
The welfare of children in custody disputes is the paramount consideration, overriding parents' rights, and requires courts to assess various emotional and environmental factors.
Custody of child – Financial status of either party is not the sole determining factor when considering issue of custody, though it may be relevant – Affection of child cannot be won over by force.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
The welfare of the child prevails over the natural guardianship rights, as established by the father's inability to demonstrate he could serve the child's best interests compared to the established c....
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
Custody of a minor must prioritize the child's welfare, with visitation rights structured to maintain relationships with both parents amidst ongoing parental conflict.
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