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SUNDER MOHAN
S. Magesh – Appellant
Versus
Karunya Ganga – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 47 of Guardians and Wards Act, 1890 seeking to set aside the order passed in G.W.O.P.No.78 of 2020 dated 01.06.2022 by the learned Principal District Judge at Trippur.)
1. The appeal challenges the order passed by the learned Principal District Judge, Tiruppur in G.W.O.P.No.78 of 2020 dated 01.06.2022.
2. The appellant/petitioner/husband had filed a petition praying for custody of his minor son namely Viduran as he was the natural guardian on the ground that the respondent/respondent/wife was incapable of taking care of the minor child; that the character of the respondent was not above board; and that the respondent was attempting to get remarried and hence she is not entitled to the custody.
3. The respondent had filed a counter denying all the allegations and also made allegations suggesting that the appellant’s character was doubtful; and that in the interest of the minor child, the custody should not be granted to the appellant.
4. The appellant examined himself and his parents as P.W.1 to P.W.3; and marked Exhibits P.1 to P.4 on his side. The respondent examined herself as R.W.1 and marked Exhibits R.1 to R.5 on her
Custody of minor child – Welfare and happiness of child are decisive factors.
There cannot be any quarrel on the proposition that the custody of the minor children is to be granted to the parents at the first instance and only in the absence of parents, the custody can be gran....
The well-being and wishes of the children are paramount in custody disputes, and the court may grant visitation right instead of custody to protect the children's interests.
The welfare of the child is the paramount consideration in custody cases, and orders are subject to modification based on proof of change of circumstances requiring a change of custody.
Point of Law : Custody of minor daughter - Visitation rights - Merely because appellant is natural guardian of his minor daughter, issue of custody cannot automatically be decided in his favour - Wel....
The paramount consideration in custody matters is the welfare of the minor child, as per the Guardians and Wards Act.
In custody disputes, the welfare of the child is the paramount consideration, overriding the statutory rights of parents.
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