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P. B. BAJANTHRI, SUNIL DUTTA MISHRA
Bimlesh Kumar – Appellant
Versus
Kapildev Narayan Ray – Respondent
Sunil Dutta Mishra, J. – Heard learned senior counsel for the parties.
2. The present Miscellaneous Appeal has been filed under section 19(1) of the Family Court Act, 1984 against the judgment dated 27.02.2020 passed by learned Principal Judge, Family Court, Sitamarhi in Guardianship Case No. 02 of 2018 whereby and where under the application under Section 25 of Guardians and Wards Act, 1890 for transfer of custody of minor female child from respondents to the appellant has been rejected with certain directions therein.
3. Brief facts of the case are that appellant Bimlesh Kumar and Late Prabha Kumari (daughter of respondents) were married on 17.01.2013. A female child namely Shanvi Yadav was born on 17.02.2015 from their wedlock. Appellant is a Bank Manager in the State Bank of India. In year 2015-16 he was posted at Delhi where deceased (Prabha Kumari) conceived (second pregnancy) in January 2016. For proper care and delivery of her second child she alongwith minor daughter went to her parental home at Muzaffarpur in the month of July, 2016 where she met with an accident in bathroom which resulted in injury causing her death on 08.08.2016. The minor daughter remained with her mater
The welfare of the minor child is paramount in custody disputes; legal rights of parties are secondary to ensuring a nurturing environment for the child's growth.
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
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.
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