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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT
Mustafa Raza, S/o Maulana Yahya (Father) – Appellant
Versus
Amreen Naaz, W/o Mustfa Raza – Respondent
JUDGMENT :
Rajani Dubey, J.
1. The challenge in this appeal is to the judgment and decree dated 24.04.2024 passed by the learned First Additional Principal Judge, Family Court Durg (C.G.) in Miscellaneous Civil Suit No. 48/2022 whereby the application filed under Sections 25 and 26 of the Guardians and Wards Act, 1890 by the respondent No.1-herein was allowed and custody of the child is ordered to be kept with the mother, the respondent No.1- wife herein. The parties to this appeal shall be referred herein as per their description before the learned Family Court.
2. Admitted facts of the case are that the marriage between the applicant/wife and non-applicant No.1/husband was solemnized on 18.01.2017, according to Muslim Rituals and Customs and from their wedlock, son Akhtar Raza was born on 17.11.2017 and one daughter was born on 01.11.2020. It is also an admitted fact that non-applicant No. 2, non-applicant No.3 and non-applicant No. 4 are father-in-law, mother-in-law and brother-in-law of the applicant/wife respectively.
3. In the application, it has been pleaded by respondent No. 1/wife that after her marriage she was subjected to cruelty on the ground of demand of dowry, for which
The paramount consideration in custody disputes under the Guardians and Wards Act is the welfare of the child, which takes precedence over personal law.
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.
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 is the paramount consideration in custody disputes, and the biological father has the right to custody unless proven otherwise.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
Under Muslim law, after age of 7 years, it is father who is entitled to custody of child unless Court holds on evidence, father is not a fit person or that is not conducive to physical or mental heal....
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
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