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HIGH COURT OF GUJARAT
Biren Vaishnav, Hemant M. Prachchhak
Ashma D/o Farukbhai Dakwala – Appellant
Versus
Asif Yakubbhai Ghasletwala – Respondent
ORDER :
(BIREN VAISHNAV, J.)
1. This First Appeal has been filed by the original applicant before the Family Court - Ashma Farukbhai Dakwala under Section 19 of the Family Court Act, 1984 . She had approached the Family Court by filing Civil Misc. Application No.51 of 2019 for getting custody of her minor daughter Aayesha from the respondent father under Section 25 of the Guardians and Wards Act, 1890 . By the Judgment and Decree dated 08.04.2024 passed by the Family Court No.3, Ahmedabad, the application came to be rejected. Hence, the appeal.
2. Facts in brief indicate that the marriage between the appellant and the respondent was solemnized on 28.03.2010. Out of the wedlock, daughter Aayesha was born on 02.11.2014. Before the Family Court it was the case of the applicant that she was driven out of her matrimonial home in August, 2018. On 19.11.2018, a notice of Talaq was sent to her and hence she was then compelled to perform Iddat for three months. She then resorting to Section 97 of the Code of Criminal Procedure on 18.03.2019 sought custody of her daughter. The application was then filed under Section 25 of the Guardians and Wards Act in the year 2019 inter alia praying for cust
The welfare of the child is the paramount consideration in custody disputes, favoring the mother when she can provide a supportive environment.
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 cases is the welfare of the children, not financial status or character allegations against a parent.
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.
Allegations of adultery do not disqualify a parent from custody; the welfare of the child is paramount, necessitating psychological evaluation in custody disputes.
The welfare of the minor is of paramount consideration in custody matters. A father who is facing trial under the POCSO Act and is accused of molesting his own daughter cannot be given custody of the....
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