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KRISHNA S.DIXIT
Husna Banu, W/o Javeen Pasha – Appellant
Versus
State Of Karnataka, SHO Chamarajpet Police Station – Respondent
ORDER :
These two cases involve rival claims for the custody of a toddler between a genetic mother and a foster mother; this child is christened by the genetic parents as “Master Mohammed Arhaan” and later named by the foster mother as “ADWIK”. In a sense this matter reminds of the Jewish King Solomon (1010-931 BCE) who resolved such a dispute centuries ago and handed the child to the true mother after wisely identifying her and sent the pseudo-mother to the gaol; however, that is not much the case here and what pleasantly surprises the Court is the grace with which these two gentle women hailing from two different religious backgrounds conducted themselves during the course of proceedings.
2. With the above prelude, let me advert to the brief facts, now. The case in W.P. No. 16729/2021 is filed by the genetic mother of the child, namely Smt. Husna Banu (hereafter 'genetic mother'); it is essentially for the custody of the child which has been with the foster mother Smt. Anupama Desai (hereafter 'foster mother') for a year or so; there was a Habeas Corpus case filed by the genetic mother in W.P.(H.C.) 60/2020, which eventually resulted in the child being traced at the lap of foster m
Point of law: Foster mother – Custody of child given to genetic mother with consent.
Custody decisions must prioritize the best interest of the child and adhere to natural justice principles, ensuring that moral biases do not influence legal outcomes.
The welfare of the child is the paramount consideration in custody disputes, favoring biological parents despite ongoing criminal allegations.
The paramount consideration in child custody cases is the welfare of the child, taking into account the child's ordinary comfort, health, education, and favorable surroundings, as well as the human t....
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.
Under Muslim law, after age of 7 years, it is father who is entitled to custody of child unless Court holds on evidence, father is not a fit person or that is not conducive to physical or mental heal....
Natural guardians of child have right to custody of child, but that right is not absolute and courts are expected to give paramount consideration to welfare of minor child.
The paramount consideration in deciding custody cases under the Guardians and Wards Act is the welfare of the child, taking into account the ability of each parent to provide care and education.
Custody of child – Welfare of child is focal point.
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