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VIVEK SINGH THAKUR
Lajwanti – Appellant
Versus
Priti Devi – Respondent
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’) has been preferred by petitioners, against order dated 23.11.2022, passed by Sub-Divisional Magistrate, Nalagarh, District Solan, H.P. in Case No. 72-IV of 2022, titled as Priti Devi vs. Lajwanti & others, and order/warrant dated 24.11.2022, issued in the same matter, whereby Magistrate has held that respondent No. 1-Priti Devi, being natural guardian of her minor sons, is entitled for their custody and SHO Police Station Ramshahar, has been directed to produce minor children (petitioners No. 4 and 5 herein) before Magistrate on 12.12.2022 for handing over their custody to their mother Priti Devi.
2. I have heard learned counsel for the parties and have also gone through the record.
3. Facts, emerging from the record, are that respondent No. 1-Priti Devi was married with Amar Singh, who was son of petitioner No. 1-Lajwanti and petitioner No. 2-Darshan Singh. Whereas, petitioner No. 3-Sunita Devi was his sister. Petitioners No. 4 and 5 minors are children of Amar Singh and respondent No. 1-Priti Devi.
4. Due to quarrels taking place between h
Section 7 of Wards Act, 1890 provides that Court, on satisfaction that it is for welfare of a minor, can pass order appointing a guardian of person or property of minor or both.
The welfare of the child is paramount in custody disputes, and a father's custody cannot be deemed wrongful confinement under Section 97 CrPC.
The welfare of the child is the paramount consideration in custody disputes, and custody with the father cannot be deemed wrongful confinement under Section 97 CrPC.
word of caution to the community leaders who rather than taking upon themselves this task in future, without any legal background, should approach the Taluka Legal Services Authority or the District ....
Jurisdiction for custody of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
The welfare of the minor children is the paramount consideration in custody matters, and the natural guardianship of the father entitles him to claim custody of his children.
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.
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