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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Bharati Dangre, Shyam C.Chandak
Prasenjit Bhatta – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
BHARATI DANGRE, J.
1. “The way we talk to our children, becomes their inner voice.”
2. The Petition presented before us by Prasenjit, the father of Rhea, today aged 13 years and 9 months, once again brings forth the issue of the child’s welfare being of paramount importance in the marital discord between the parents.
The Petition filed in the year 2021 by Prasenjit sought issuance of writ of Habeas Corpus and direction to Respondent No.2 Aruna, mother of Rhea, for her production alongwith her passport before the Court. Prasenjit also sought direction to Aruna to visit United Kingdom (UK) alongwith the daughter for attending the pending proceedings before the Family Court, UK.
It is also prayed that Aruna be held guilty for abducting Rhea and illegally removing her from the jurisdiction of UK Court, in utter ignorance of the orders passed by it and appropriate action be initiated against her for violating the said orders.
3. In support of the Petition with the aforesaid reliefs, in the backdrop of certain orders being passed by the Court of foreign jurisdiction, we have heard the learned senior counsel Ms.Seema Sarnaik for the Petitioner. Respondent No.2 Aruna, mother of Rhea,
The welfare of the child is paramount, outweighing foreign custody orders and establishing that custody cannot be deemed illegal when aligned with the child's best interests.
The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.
Custody of child – Welfare of child should be paramount consideration – What is wish/desire of child’ is different and distinct from question what would be in best interest of child.
The welfare of the child is of paramount importance in determining custody. The court must consider all the attending circumstances and the totality of the situation on a case-by-case basis. Ex-parte....
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
Parental abduction undermines custody orders; courts prioritize the child's welfare over legal contingencies.
Custody disputes should prioritize the best interests of the child, considering parental rights and the child's welfare in determining jurisdiction.
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