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P. VELMURUGAN
R. Munusamy – Appellant
Versus
J. Raja – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 47 of Guardian and Wards Act to set aside the fair and decreetal order passed by the Principal District Judge, Vellore in G.W.O.P.No.11 of 2013 dated 06.06.2018.)
1. The Civil Miscellaneous Appeal is filed against the order dated 06.06.2018 passed in G.W.O.P.No.11 of 2013 by the learned Principal District Judge, Vellore.
2. The first appellant is the paternal grand father and the second appellant is the paternal grand mother and the respondent is the father of the minor child R.Gnavin Chandresh. The mother of the child passed away on 07.10.2012. After the death of the mother of the child, the respondent herein/father of the child filed G.W.O.P.No.11 of 2013 on the file of the Principal District Court, Vellore, seeking custody of the child. The said petition was allowed by directing the appellants herein to handover the custody of the minor child to the custody of his father/respondent herein. Assailing the said order, the appellants have filed the present appeal.
3. The learned counsel for the appellants submitted that the minor child was born on 21.09.2011 and the mother of the child, who is the daughter of the appellant
The custody of a minor child should be given to the natural guardian, unless there is any adverse interest pleaded against the natural guardian.
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.
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....
Custody decisions prioritize the child's best interests and stability, particularly when that stability has been established over several years.
The court affirmed the necessity of addressing child custody based on guardianship law, particularly following the death of the mother.
Custody of minor child – Welfare and happiness of child are decisive factors.
The biological father is entitled to custody of children unless proven unfit, with the children's welfare being the paramount consideration.
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