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MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
Pratyush Shastri, S/o. Sh. Madan Lal Shastri – Appellant
Versus
State Of Rajasthan, Through Secretary, Home Department, Govt. Of Rajasthan, Secretariat, Jaipur – Respondent
| Table of Content |
|---|
| 1. petitioner seeks custody due to child's unlawful removal. (Para 1 , 2 , 3) |
| 2. interim orders issued amidst disputes. (Para 4 , 5 , 6) |
| 3. petitioner's claim based on illegal removal and better financial capacity. (Para 7 , 8 , 9) |
| 4. court addresses jurisdictional issues and custody considerations. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. factors analyzed regarding the best interest of the child. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. welfare of the child as paramount consideration in custody. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. legal principles established on custody jurisdictions. (Para 34 , 35 , 36 , 37 , 38) |
| 8. importance of child's ties to current environment. (Para 39 , 40 , 41) |
| 9. assessment of allegations against each parent. (Para 42 , 43 , 44 , 45) |
| 10. determination on stability, support, and safety for child. (Para 46 , 47 , 48 , 49) |
| 11. court decision based on child welfare and visitation rights. (Para 50 , 51 , 52 , 53) |
| 12. final decision on custody and visitation arrangements. (Para 58 , 59 , 60 , 61) |
ORDER :
(Manindra Mohan Shrivastava, CJ.) :
Factual matrix of the case:-
1. This Habeas Corpus Petition under Article 226 of the Constituti
Custody decisions must prioritize the welfare of the child over the statutory rights of guardians, as seen in custody disputes. The petitioner's financial status cannot solely determine custody outco....
Welfare of the child is paramount in custody disputes, overriding parental financial capacity and foreign court judgments, especially under Muslim Personal Law, which favors maternal custody until pu....
It does not connote place of origin or country in which minor has citizenship. It does not depend on duration of minor’s residence, but more on intention of person who has child’s lawful custody; whi....
Points of Law : The principles of law in relation to the custody of a minor child are well settled. It is trite that while determining the question as to which parent the care and control of a child ....
The welfare of a minor child is of paramount importance, and custody should generally remain with the mother unless proven harmful, reaffirming the 'tender years rule.'
The welfare of the child is paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
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