Back
GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Prabhat S/o Shiv Kumar Sahu – Appellant
Versus
Minor Lomesh S/o Prabhat Sahu – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. This appeal is by the appellant under Section 19(1) of the Family Courts Act, 1984 (for brevity ‘Act of 1984’) against the judgment and decree dated 11.05.2018 passed by Link Court, Khairagarh of Family Court, Rajnandgaon, District Rajnandgaon Chhattisgarh in Civil Suit No. 13-A of 2016 whereby application filed by the appellant under Section 6 of the Hindu Minority and Guardianship Act, 1956 (for brevity ‘Act of 1956’) for grant of guardianship of his son, namely, Master Lomesh from respondent No. 2, i.e. maternal grandfather of respondent No. 1 (son) was dismissed.
2. Appellant is the father of respondent No. 1 and respondent No. 2 is maternal grandfather of respondent No. 1.
3. The facts of the case, are that, appellant was married to Mohini Bai (since deceased) prior to 15 years back according to Hindu rites and rituals and from the wedlock, one son, namely, Master Lomesh was born. It was pleaded in the plaint that after the marriage, deceased wife was remained ill and suffered from back bone fracture. The appellant used to take care of her treatment. Suddenly, in the year 2014, deceased wife left the house of appellant and resided in 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.
The welfare of a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
