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BIREN VAISHNAV, MAULIK J. SHELAT
DIPAL, D/O AMRABHAI BHARAI, W/O MIHIRBHAI RAYKA – Appellant
Versus
MIHIRBHAI GANDABHAI RAYKA – Respondent
JUDGMENT :
(BIREN VAISHNAV, J.)
1 This First Appeal under the Guardians & Wards Act, 1890, has been filed by the original -respondent – mother, challenging the judgement and order dated 10.01.2024 of the Principal Judge, Family Court, Gandhinagar in Civil Miscellaneous Application No. 07 of 2003. By the aforesaid judgement and order, the learned Principal Judge, Family Court, Gandhinagar, allowed the application of the respondent herein, the father, and granted the custody of son and daughter.
2 Facts in brief are as under:
2.1 The parties shall be referred to as the applicant-father, who is the respondent in this appeal and the respondent mother, who is the appellant herein.
2.2 The applicant-father filed an application under Sec.7 and 25 of the Guardians & Wards Act, praying that the custody of son Vedant and daughter Dhyana be granted to him. According to the applicant, it was his case that he was an Officer of the Indian Revenue Service, who had married the respondent on 06.07.2010. Out of the wedlock, son Vedant was born on 15.01.2011 and daughter Dhyana was born on 06.03.2013. It was his case that up to 10.10.2020, the applicant-father had their custody, however, subsequently
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 court must ensure judicial discipline and adherence to judicial discipline.
The welfare of the child prevails over the natural guardianship rights, as established by the father's inability to demonstrate he could serve the child's best interests compared to the established c....
The paramount consideration in deciding custody cases under the Guardians and Wards Act is the welfare of the child, taking into account the ability of each parent to provide care and education.
The paramount consideration in custody disputes under the Guardians and Wards Act is the welfare of the child, which takes precedence over personal law.
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