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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, K.V.ARAVIND
Harish V. V., S/o. Venkata Hanumaiah – Appellant
Versus
K. P. Venkatesh, S/o. K.P. Puttaswamy Gowda – Respondent
JUDGMENT :
K.V. ARAVIND, J.
1. Heard Sri Hemanth R. Rao, learned counsel for the appellant, and Sri S.V. Girikumar, learned counsel for the respondents in both the appeals.
2. These appeals arise out of the common order dated 29.10.2024 passed in G & WC No.175/2019 and G & WC No.260/2020 by the III Additional Principal Judge, Family Court, Bengaluru, [Family Court]
3. G & WC No.175/2019 was filed under Sections 7 and 12 of the Guardians and Wards Act, 1890, by the maternal uncle, aunt, and grandmother, seeking appointment of the maternal uncle and aunt as de jure guardians of the minor, Master Bhuvan H., and for permission to continue to have his custody. G & WC No.260/2020 was filed by the father under and 25 of the Guardians and Wards Act, 1890, seeking custody of his minor son, Master Bhuvan H.
4. The Family Court, after considering the common evidence, rejected the petition filed by the father and allowed the petition in G & WC No.175/2019, directing that the custody of the minor shall continue with the petitioners till he attains the age of majority. The Family Court further observed that upon attaining majority, the ward, Master Bhuvan H., may opt to reside with his father. T
The welfare of the child is the paramount consideration in custody disputes, outweighing mere preference expressed by the child. The natural guardian has a legal right to custody if capable of provid....
Welfare of the child is the paramount consideration in custody disputes, overriding parental rights; stability and security of the child’s living situation are essential for their development.
Welfare of the minor is the paramount consideration in custody disputes, outweighing the rights of parents. Proper guardianship requires evaluation of living conditions and educational opportunities.
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 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....
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