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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Lakhimunni Marandi, W/O- Late Suraj Murmu, D/o Kamision Marandi – Appellant
Versus
Baburam Murmu, son of Late Hopna Murmu – Respondent
| Table of Content |
|---|
| 1. custody claim and background. (Para 1 , 2 , 3) |
| 2. arguments of the plaintiff for guardianship. (Para 4 , 5 , 6 , 7) |
| 3. defendants' claims and arguments against custody. (Para 10 , 11 , 12) |
| 4. court's scrutiny of evidence and decision-making process. (Para 14 , 21 , 22) |
| 5. legal tests for guardianship under relevant statutes. (Para 39 , 40 , 46) |
| 6. significance of mother's role in custody. (Para 60 , 62) |
| 7. conclusion and order. (Para 66 , 67) |
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal under section 30 of the Guardians and Wards Act, 1890 is directed against the judgment dated 28.01.2023 and the decree dated 10.02.2023 passed in Original Suit No.02 of 2020 by the learned Principal Judge, Family Court, Pakur (in short, Family Judge) whereby and whereunder the petition filed under section 10 of the Guardian and Wards Act, 1890 by the appellant herein for appointment of the guardian of the person and property of the minor, namely, Sunny Murmu, has been dismissed.
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) It is pleaded that Sunny Murmu (minor) is the son of the decease
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
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 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.
Point of law : Section 107 C.P.C. r/w Order 41 Rule 33 C.P.C. provides for the powers of the appellate court according to which, in exercise of such powers, the appellate court may, pass any decree a....
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.
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