Back
MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
Suman – Appellant
Versus
Bhikam Singh – Respondent
JUDGMENT :
(Praveer Bhatnagar, J.)
This appeal is preferred against the order dated 03.02.2021 passed by the Family Court, Dholpur (hereinafter referred to as 'Family Court' for short) whereby, the application of the respondent paternal grandfather filed under sections 6 and 25 of the Guardians And Wards Act, 1980 (hereinafter called 'the Act' for short) was allowed and, the Court directed the appellant mother to hand over the custody of Master X to the respondent and further authorised the limited visiting rights to the appellant.
2. Admittedly, minor X is the appellant's son and paternal grandson of the respondent (father-in-law of the appellant).
3. The operative part of the order reads as follows:-
^^16½ mijksDr laiw.kZ foospu ds vk/kkj ij izkFkhZ Hkhde flag dh vksj ls izLrqr ;g izkFkZuk i=] vo;Ld ckyd fd'ku iq= Lo-usehpan dh vfHkj{kk ds lanHkZ esa fuEu fn'kk&funsZ'kksa ds lkFk Lohdkj fd;k tkrk gS %&
1-izkFkhZ Hkhde flag dks vius iq= usehpan o lqeu ds uqRQs ls mRiUu larku ukckfyx fd'ku iq= Lo-usehpan dh mfpr ns[kHkky] dY;k.k ,oa ykyu&ikyu gsrq fof/kd laj{kd fu;qDr fd;k tkdj vkns'k fn;k tkrk gS fd izkFkhZ vius ikS= fd’ku dh f'k{kk] [kku&iku] LokLF; ,oa dY;k.k dk iwjk /;ku j[ksxk
Welfare of the minor is the paramount consideration in custody disputes, outweighing the rights of parents. Proper guardianship requires evaluation of living conditions and educational opportunities.
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.
The welfare of a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
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 paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
