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S. M. SUBRAMANIAM
G. Rajendran – Appellant
Versus
P. Lakshmanan – Respondent
JUDGMENT :
[Prayer : Civil Miscellaneous Appeal filed under Section 47 of the Guardians and Wards Act, 1890, against the order passed by the Hon'ble District Judge-II, District Court, Kanchipuram in G.W.O.P.No.49 of 2013 on 14.06.2018.]
This civil miscellaneous appeal is filed against the order passed by the Hon'ble District Judge-II, District Court, Kanchipuram in G.W.O.P.No.49 of 2013 on 14.06.2018.
2. The appellant is the father of the minor children and the respondents are the maternal grand parents of the minor children. The two children are R.Balasubramani (now attained the age of majority) and R.Kuzhalarasi. The marriage between the appellant and the mother of the minor children Poonguzhali was solemnized on 22.10.2001 as per the Hindu Rites and Customs. The mother of the children died and the respondents registered a complaint on the ground that the death was suspicious. A criminal case registered is still pending without any progress in Crime No.589 of 2013 on the file of the B2, Vishnu Kanchi Police Station, Kanchipuram.
3. The learned counsel for the respondents reiterated that inspite of efforts, the criminal case is yet to be disposed of and the police is also not initiati
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....
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 court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
The welfare of the minor is the paramount consideration in guardianship matters, as provided in Section 13 of the Hindu Minority and Guardianship Act, 1956, and Section 17 of the Guardian and Wards A....
The welfare of the minor child is the paramount consideration in appointing a guardian, and visitation rights may be granted based on the child's welfare and the petitioner's role in the child's welf....
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
Under Muslim law, after age of 7 years, it is father who is entitled to custody of child unless Court holds on evidence, father is not a fit person or that is not conducive to physical or mental heal....
The paramount consideration of the child's welfare and the significance of the love and affection of the maternal grandparents influenced the court's decision to grant visitation rights to the grandm....
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