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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE BHUWAN GOYAL, JJ
Preeti Bansal W/O-Deepak Bansal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner seeks custody (Para 7 , 8 , 9 , 10) |
| 2. writ petition dismissed (Para 11) |
Order :
2. The petitioner has stated in the writ petition that respondent no.6 (father of the corpus) has taken away the corpus without the permission of the petitioner-mother. It has been further stated in the writ petition that both the children are living with the mother for the last about two years and they are studying in a school at Jaipur. It has been further stated in the writ petition that earlier there was a family dispute on account of which a consent decree of divorce was granted by the concerned Family Court at Ludhiana, Punjab vide order dated 30.10.2018. Lastly, prayed for handing over the custody of the minor children to her.
4. We have heard counsel for the parties and perused the record.
“10. In this context, it would be appropriate to refer to a decision of this Court in Nil Ratan Kundu (Supra) wherein parameters of ‘welfare’ and principles to be considered by courts whilst deciding questions involving the custody of minor children came to be enunciated. The relevant paragraph(s) are reproduced as under:
Xxx
56. In Rosy Jacob [(1973) 1 SCC 840] this Court stated:
“15. …
The paramount consideration in child custody cases is the welfare of the child, overriding parental rights, as established by the court's inherent jurisdiction in habeas corpus petitions.
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 ....
Natural guardians of child have right to custody of child, but that right is not absolute and courts are expected to give paramount consideration to welfare of minor child.
The welfare of the child is the decisive factor for the claim of custody, and the court should strike a balance between the welfare of the child and the rights of the parents over the child.
The welfare of the minor child is paramount in custody disputes, with the natural guardian's rights being upheld while ensuring the child's stability during transition.
The High Court should refrain from intervening in custody matters under habeas corpus jurisdiction when an effective statutory remedy exists, emphasizing the welfare of the child as paramount.
The welfare of the child is the supreme consideration in custody disputes, overriding parental legal rights.
The welfare of the child is the paramount consideration in custody disputes, and habeas corpus is not the appropriate remedy for custody transfer when legal avenues exist.
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