Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Laxmikant Joshi, S/o. Bhushan Prasad Joshi – Appellant
Versus
Lokeshwari @ Parmeshwari, W/o. Laxmikant Joshi – Respondent
| Table of Content |
|---|
| 1. appeal against family court custody decision. (Para 1 , 2) |
| 2. arguments on financial readiness and familial stability. (Para 3 , 4) |
| 3. welfare of minors takes precedence in custody decisions. (Para 5 , 6 , 10 , 11 , 12 , 15) |
| 4. legal standards regarding guardianship and the child's welfare. (Para 7 , 8 , 9 , 14) |
| 5. judgment dismissal and parties bearing their own costs. (Para 16 , 17) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and decree dated 21/04/2022 (Annexure A/1) passed by the Family Court, Bemetara in Civil MJC No. 05/2021 whereby the application filed by the appellant/plaintiff under Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter, “the Act of 1956”) seeking custody of his minor son Master Yash Joshi, aged about 7 years (respondent No. 2 herein), has been dismissed finding no merit, against which the appellant/plaintiff has preferred this first appeal under Section 19(1) of the Family Courts Act, 1984.
2. The aforesaid challenge has been made on the following factual backdrop :-
(a) The marriage of the appellant/plaintiff/husband was solemnized with the respondent No. 1/defendant/wife o
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.
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 minor is the paramount consideration in custody disputes, outweighing the rights of parents. Proper guardianship requires evaluation of living conditions and educational opportunities.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
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
