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