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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Taran Singh, son of Shri Raja Singh @ Fagu – Appellant
Versus
Lalit Kishore Bais, son of Shri Nandkumar Bais – Respondent
| Table of Content |
|---|
| 1. custody context established. (Para 2 , 10 , 11) |
| 2. arguments against granting custody to maternal uncle. (Para 3 , 5) |
| 3. support for family court's judgment. (Para 4 , 7) |
| 4. welfare of the child as paramount consideration. (Para 6 , 16) |
| 5. visitation rights established for father. (Para 17 , 18 , 19) |
JUDGMENT :
Rajani Dubey, J.
1. This appeal is filed by the appellant/non-applicant against the impugned judgment dated 01.04.2023 passed by learned Family Court, Kabirdham (Kawardha) (C.G.) in Civil Suit No. 11-A/2021, whereby the learned Family Court has allowed the application of respondent/applicant who filed the same under Section 7 & 10 of Guardians & Wards Act, 1890 for custody of ward Master Purushottam Singh aged about 04 years.
2. Brief facts of the case are that the applicant/respondent Lalit Kishore Bais filed an application before the learned Family Court on this ground that the marriage of the non- applicant/appellant was solemnized with Ragini Singh according to Hindu rites and rituals and out of their wedlock, one son Master Purushottam Singh was born on 14.02.2017 and after the birth of son, the wife of appellant namely Ragini Singh was died on 12.03.2017 and
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 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 the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
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 paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
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