Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Sanjay Kumar, S/o late Bandhu Saw – Appellant
Versus
Suman Kumari, w/o Sanjay Kumar – Respondent
First Appeal No. 56 of 2020
Decided on : 21-04-2022
Judgment - Guardianship - The court set aside the judgment in the original guardianship suit and remitted the matter back to the Family Court to take evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
Fact of the Case:
The judgment in the original guardianship suit was set aside and the matter was remitted back to the Family Court for further evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
Finding of the Court:
The court found that the matter needed further evidence and directed the Family Court to take evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
Issues: The issue of shared parenting or joint custody and guardianship of the minor children was the main concern of the court.
Ratio Decidendi: The court decided to remit the matter back to the Family Court for further evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
Final Decision: The judgment in the original guardianship suit was set aside and the matter was remitted back to the Family Court to take evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
JUDGMENT :
1. Judgment is delivered in the open Court.
2. Judgment in Original (Guardianship) Suit No. 05 of 2016 is set aside. The matter is remitted back to the Family Court, Giridih to take evidence only of the appellant and the respondent no.1 on the issue of shared parenting or joint custody and guardianship of the minor children and decide the issue by delivering judgment within the time frame indicated in the present judgment.
3. Since the matter has been fixed for judgment in supplementary cause list the appellant who has been appearing in-person might not have knowledge about the same and, therefore, the Registry shall send a copy of the judgment to his address as disclosed by him in the memo of appeal.
4. Let the signed judgment be kept in the original files.
AI
Remittal of the matter for further evidence on the issue of shared parenting or joint custody and guardianship of the minor children.
Custody matters become moot when the child attains majority, rendering further adjudication unnecessary.
(1) Guardianship Petition – Family Court is obliged to enquire into matter as per procedure prescribed by law – It does not have plenary powers to do away with mandatory procedural requirements in pa....
The paramount consideration of the welfare and interests of the child in custody matters, the importance of following prescribed procedures for recording settlements and issuing decrees, and the avai....
Appeals regarding guardianship become moot when the child reaches majority.
Courts must adhere to due process and statutory requirements when disposing of cases to ensure justice is served.
The paramount interest of the child and the welfare of the child are the central legal principles established in the judgment.
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
