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P. N. PRAKASH, N. ANAND VENKATESH
Kiran Chava alias Kiran Kumar Chava – Appellant
Versus
Usha Kiran Anne – Respondent
ORDER :
1. “The Child is father of the Man” is a famous quote from William Wordsworth’s poem “My Heart Leaps Up.” The popular understanding of this phrase is that the behaviour and activities of a person’s childhood go a long way in building his personality. Children used to be enchanted with the joys of childhood and those thoughts evoke nostalgia when the child becomes a man. For Wordsworth, a rainbow in the sky made his heart leap. Alas, gone are the days when children used to enjoy their childhood and they are now helplessly made to witness the fight between their father and mother, because of their petty egos and it is painful to notice that in most of those fights, it is the children who are used as a pawn. The mental health of such a child takes a beating and how such a child is going to grow into a man and manage relationships, is a million dollar question. We were constrained to start this judgment with such a poignant note since we encounter two or three such cases on a daily basis while dealing with Habeas Corpus Petitions. This is yet another case which falls under this category and we have to deal with it keeping in mind the best interest of the children involved in thi
Custody of child – Welfare of child should be paramount consideration – What is wish/desire of child’ is different and distinct from question what would be in best interest of child.
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
The welfare of a minor child is of paramount importance, and custody should generally remain with the mother unless proven harmful, reaffirming the 'tender years rule.'
It does not connote place of origin or country in which minor has citizenship. It does not depend on duration of minor’s residence, but more on intention of person who has child’s lawful custody; whi....
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