Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE DR. JUSTICE G.JAYACHANDRAN, R.POORNIMA
B.Clement Roger – Appellant
Versus
S.Mary Sushmitha – Respondent
| Table of Content |
|---|
| 1. background of marital separation and child's custody. (Para 1 , 3) |
| 2. arguments regarding child's custody and parental fitness. (Para 4 , 7) |
| 3. court's analysis of child's well-being and custody. (Para 6 , 8) |
| 4. appeal dismissal with reasoning outlined. (Para 9) |
JUDGMENT :
The Civil Miscellaneous Appeal is directed against the order passed by the Principal District Judge, Theni dismissing the Petition seeking guardianship of the minor child born to the Petitioner and respondent.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The case of the appellant as averred in the Original Petition reveals that he married the respondent on 08.11.2010 as per Christian Rites and Customs. They were living at Theni. After marriage, they established their marital home at Chennai. A male child by name C.Joen Christopher was born to them on 22.8.2011. After the respondent got employment in Tamil Nadu Medical Service and posted in Theni Medical College, the spouses got separated. The respondent was living with her parents at Theni, whereas, the petitioner used to visit her during weed ends from Chennai. In the month of December 201
Custody decisions prioritize the child's best interests and stability, particularly when that stability has been established over several years.
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 biological father is entitled to custody of children unless proven unfit, with the children's welfare being the paramount consideration.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
