IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y.KOGJE, N.S.SANJAY GOWDA
Tejas Rameshkumar Joshi – Appellant
Versus
Nirupa Tejeshbhai Joshi – Respondent
| Table of Content |
|---|
| 1. appeal against family court order (Para 1 , 2) |
| 2. impugned order and dismissal of the appeal (Para 3 , 10 , 11 , 15) |
| 3. custody arguments presented by both parties (Para 4 , 5) |
| 4. best interest of minor children as paramount consideration (Para 6 , 12 , 13) |
| 5. legal provisions regarding custody and welfare of minors (Para 7 , 8 , 9) |
ORDER :
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This appeal under Section 19 of the FAMILY COURTS ACT is filed against judgment and order dated 17.09.2024 passed by the Principal Judge, Family Court, Gandhinagar in Civil Misc.Application No.10 of 2022. By the said impugned judgment and order, the application filed by the respondent-wife was allowed.
2. The Court had issued notice and learned Advocate Mr.V.B.Vaghela has appeared on behalf of the respondent. As considering the nature of issue involved and as the relevant document of the case are already submitted, at the request of both sides, the appeal is taken up for final hearing.
3. The original proceedings before the Family Court were under Section 25 (1) of the Guardians and Wards Act, 1890 for permanent custody of their twin children, viz. Minor Pranay AND Pranjal. The proceedin
The welfare of minor children is the paramount consideration in custody disputes, with preference for the mother as primary caregiver, irrespective of financial circumstances.
Custody of children – Claim seeking custody of children is not akin to property right as various factors would be necessary to evaluate to decide the question.
The welfare of the minor is the paramount consideration in guardianship matters, and the prescription that a child below 5 years should ordinarily reside with the mother should be considered in asses....
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 matters of custody, especially for minors below the age of 05 years, and the mother is ordinarily best suited to care for the infant during ....
The welfare of the child is the paramount consideration in custody disputes, outweighing mere preference expressed by the child. The natural guardian has a legal right to custody if capable of provid....
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.
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