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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Shankar Sinha @ Shankar Kumar Sinha – Appellant
Versus
Baleshwar Prasad, Son of late Choudhari Modi – Respondent
| Table of Content |
|---|
| 1. the statutory and factual background of the custody dispute involving minor shivansh sinha. (Para 1 , 3 , 4 , 5 , 8 , 10) |
| 2. factual background of the case (Para 2 , 6 , 7 , 9) |
| 3. judicial observations regarding the evaluation of evidence and the welfare of the child. (Para 11 , 12 , 18 , 21 , 22 , 24 , 25 , 26 , 28 , 30 , 31 , 32 , 34 , 35 , 39) |
| 4. argument of the appellant regarding welfare of the minor (Para 13) |
| 5. argument of the respondents defending the family court's judgment (Para 15) |
| 6. legal principles regarding child custody (Para 17 , 29 , 54) |
| 7. legal standards and reasoning for determining custody with regard to the welfare of the child. (Para 20 , 27 , 33 , 36 , 40) |
| 8. conclusion upholding the family court's decision (Para 56) |
| 9. final ruling on the appeal resulting in dismissal. (Para 58 , 59 , 60) |
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal under section 19(1) of the FAMILY COURTS ACT is directed against the judgment dated 14.11.2024 and the decree dated 23.11.2024 passed in Original Suit No.1136 of 2022 by the learned Addl. Principal Judge, Addl. Family Court No.II, Dhanbad (in short, Family Judge) whereby and whereunder the petition filed by
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 child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
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.
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