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2016 Supreme(Raj) 553

P.K.LOHRA
Shanti Devi – Appellant
Versus
Fuli Devi – Respondent


Advocates Appeared:
For the Appellant :Abhishek Pareek for Dr. Nupur Bhati, Advocate.

Judgement Key Points

The legal document pertains to an appeal concerning the custody of minor children and emphasizes the paramount importance of the child's welfare in such decisions. The court's primary focus is on the overall well-being, including physical, moral, and ethical aspects, rather than solely on legal guardianship rights.

Key points from the document include:

  1. The mother, as a natural guardian, has the right to seek interim custody of her children, regardless of her remarriage (!) (!) .
  2. The court recognizes that the welfare of the minor children encompasses their health, education, moral, and ethical development, which must be given significant weight in custody decisions (!) (!) .
  3. The fact of the mother's remarriage alone does not disqualify her from claiming custody, especially if her actions demonstrate concern for the children's welfare, such as depositing funds for their future (!) .
  4. The court considers the respondent's efforts to secure her children's welfare, including financial deposits, as indicative of her bona fide intentions (!) .
  5. The legal provisions governing guardianship do not override the child's best interests, and the court's jurisdiction is exercised in a manner that prioritizes the child's overall welfare (!) (!) .
  6. The court dismisses the appeal, finding no illegality or perversity in the lower court's order granting interim custody to the mother, reaffirming that the child's welfare is the guiding principle (!) (!) .

Overall, the decision underscores that custody disputes must be resolved by prioritizing the child's holistic welfare, and remarriage of the mother does not automatically preclude her from custody rights.


JUDGMENT :

P.K. Lohra, J.

Appellant has laid this appeal under Section 47 of the Guardians and Wards Act, 1890 (for short 'the Act') to assail the impugned order dated 09.02.2016 passed by the Additional District Judge, Sojat District Pali (for short 'the learned Trial Court'). By the order impugned, learned Trial Court has allowed the petition of the respondent-mother for interim custody of her minor sons Kiran and Vivek respectively.

2. The facts apposite for the purpose of this appeal are that respondent initiated proceedings before the learned Trial Court for guardianship and custody of her two minor sons Kiran and Vivek aged 6 and 4 years respectively. It was, inter alia, averred in the petition that they are in custody of the appellant who is grand mother of the minor kids. The respondent stacked her claim for custody of minor children as their natural gaurdian after death of their father. Along with petition for guardianship and custody, the respondent also filed a separate petition under Section 12 of the Act craving interim custody of the minor children. Asserting her right as a natural guardian of both the minor children after death of her husband, the respondent has also pl















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