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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Arun Charan Dwary, S/o Late Gyanda Charan Dwary – Appellant
Versus
Anand Shankar, S/o. Prabhakar Jha – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Vishal Kumar Tiwary, learned counsel for the appellant and Mr. Pran Pranay, learned counsel appearing for the respondent.
2. This appeal is directed against the judgement and decree dated 06.12.2022 (decree signed on 20.12.2022) passed in Original Suit No. 273/2019 by Sri Dhananjay Kumar, learned Additional Principal Judge, Additional Family Court, Deoghar whereby and whereunder, the suit preferred by the respondent herein under Section 7 and 12 of the Guardians and Wards Act, 1890 has been allowed and the appellant has been directed to hand over the custody of the minor Aarav Shandilya to the respondent within a period of 30 days of passing of the order.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned trial court.
4. The petitioner (respondent herein) had filed a suit under Section 7 and 12 of the Guardians and Wards Act in which it has been stated that out of the wedlock of the petitioner with Purnima Jha, two children were born; a daughter named Kavya Shandilya aged 7 years and a son named Aarav Shandilya aged 4 months. The birth of Aarav had taken place at Deogha
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 child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
The paramount consideration in custody disputes under the Guardians and Wards Act is the welfare of the child, which takes precedence over personal law.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
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.
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