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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Helan Janani – Appellant
Versus
Arunkumar – Respondent
JUDGMENT :
G.R.SWAMINATHAN, J.
This appeal is directed against the order dated 07.06.2022 made in G.W.O.P.No.81 of 2020 on the file of the Court of Family Judge, Tirunelveli. By the impugned order, the Court below declared that D.Arunkumar, the father of the minor child is the natural guardian of the minor A.Gian Nathen. It also directed the appellant herein to hand over the custody of the minor child to him.
2. The appellant Helan Janani and the respondent D.Arunkumar got married as per the Christian rites and customs on 30.06.2014. A male child Gian Nathen was born through the wedlock on 15.03.2015. Arunkumar was then working in USA. He took the appellant as well as the child to USA. It turned out that the child was suffering from mild Autism. The respondent herein Arunkumar decided came down to India and settled at Chennai. Differences arose between the parties and the appellant left the matrimonial home. According to Arun Kumar, the child was originally living with him and subsequently, through police intervention, he was compelled to hand over the custody of the child to the appellant. He therefore filed G.W.O.P.No.81 of 2020 seeking declaration of guardianship as well as the cus
The paramount consideration in custody disputes is the welfare of the child, requiring a holistic assessment beyond mere economic factors.
The welfare of the child prevails over the natural guardianship rights, as established by the father's inability to demonstrate he could serve the child's best interests compared to the established c....
The paramount consideration in deciding custody cases under the Guardians and Wards Act is the welfare of the child, taking into account the ability of each parent to provide care and education.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
Welfare of the child is the paramount consideration in custody disputes, overriding parental rights; stability and security of the child’s living situation are essential for their development.
The welfare of the child is the paramount consideration in custody disputes, outweighing mere preference expressed by the child. The natural guardian has a legal right to custody if capable of provid....
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