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P. VELMURUGAN, K. K. RAMAKRISHNAN
J. Sakthi Devi @ Christi – Appellant
Versus
Joseph Charles – Respondent
ORDER :
Prayer: Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, praying this Court to set aside the fair and decretal order made in G.W.O.P. No. 36 of 2015, dated 19.11.2018, on the file of Family Court, Madurai.
1. The Civil Miscellaneous Appeal is directed against the fair and decretal order made in G.W.O.P. No. 36 of 2015, dated 19.11.2018, on the file of Family Court, Madurai.
2. The respondent/husband filed G.W.O.P. No. 36 of 2015 under Sections 25 and 43 of the Guardian and Wards Act, 1980, for custody of their minor children Gabriel Marianova and Issac, on the file of Family Court, Madurai. The Judge, Family Court, Madurai, after enquiry, allowed the Petition and granted an order of interim custody of the children to the appellant. Challenging the said order, the respondent therein filed the present Civil Miscellaneous Appeal.
3. The appellant is the mother of the children by name, Gabriel Marianova and Issac and the respondent herein is the father of the children. According to the respondent, their marriage was solemnized on 23.08.2009 at Fathima Church according to Christian rites and customs and thereafter, there was misunderstanding arose bet
The biological father is entitled to custody of children unless proven unfit, with the children's welfare being the paramount consideration.
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....
In custody matters under the Hindu Minority and Guardianship Act, a child's welfare is paramount, with primary custody preferred for the mother when the child is under 5 years.
The welfare of the child is the paramount consideration in custody disputes, overriding parental claims and rights under law, as affirmed by the Court's ruling.
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
Custody decisions prioritize the child's best interests and stability, particularly when that stability has been established over several years.
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