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ALOK ARADHE, VIJAYKUMAR A. PATIL
Mariam Misria – Appellant
Versus
Shihab M. K. – Respondent
JUDGMENT
1. This appeal under Sec. 47(a) of the Guardians and Wards Act, 1890 has been filed against the judgment and decree dtd. 8/9/2015 passed in G & W.C.No.15/2014 by the Principal Judge, Family Court, Dakshina Kannada, Mangalore, by which the petition filed by the respondent/husband to appoint him as a guardian and seeking custody of female child Sakeena Muskaan, was partly allowed by allowing the appellant to retain the custody of the minor female child and permitted the respondent to get access to the child by way of visitation rights.
2. Brief facts giving rise to filing of this appeal are that, the marriage of the appellant and respondent was solemnized on 4/11/2001, and out of the wedlock two children viz., Aamil Ayesh Umer and Sakeena Muskaan were born on 18/7/2002 and 8/8/2007 respectively. It is averred that after few years, the relationship between them turned out be sour and the appellant filed the divorce petition on the grounds of desertion and cruelty. Consequently, the I Additional Civil Judge, Mangalore by Judgment and Decree dtd. 23/11/2010 dissolved the marriage between the appellant and the respondent. It is further averred that the son is in the custody of th
The welfare of the child is the paramount consideration in custody disputes, and both parents have rights that must be balanced against the child's best interests.
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....
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.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
Welfare of the minor child is the paramount consideration in custody disputes, requiring courts to prioritize the child's best interests.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
Visitation rights are essential for a child's emotional development, and denial requires substantial evidence of potential harm.
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