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IN THE HIGH COURT OF ORISSA, CUTTACK
Sanjay Kumar Mishra
Ramakanta Majhi – Appellant
Versus
Sanatan Majhi – Respondent
| Table of Content |
|---|
| 1. introduction of appeal concerning guardianship under relevant acts. (Para 1 , 4) |
| 2. court observations on guardianship principles and welfare considerations. (Para 5 , 7 , 12 , 15) |
| 3. arguments related to admissions and lack of opposing evidence. (Para 6) |
| 4. legal reasoning emphasizing welfare and parental rights. (Para 10 , 11 , 17) |
| 5. final decision to grant custody to the natural father. (Para 18 , 19) |
JUDGMENT :
The present Appeal has been preferred under Section 19 of the Family Courts Act, 1984 read with Section 47 of the Guardians & Wards Act, 1890 by the Appellant, who is the natural father of the Respondent No.2, challenging the Judgment dated 12.07.2022 passed by the learned Judge, Family Court, Bhadrak in Guardian Misc. Case No.13 of 2021, vide which his prayer for guardianship stood rejected.
3. Heard learned Counsel for the Appellant.
“a. That the petitioner be declared as legal guardian and custodian of respondent No.2 and Respondent No.1 be directed to hand over Respondent No.2 to the custody of petitioner within stipulated period.
c. That any other relief petitioner is entitled be awarded to the petitioner.
The Respondent No 1, who is the maternal grandfath
Natural guardianship principles and admissions regarding paternity must be prioritized in custody cases involving minors.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
The welfare of a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
The court emphasized the importance of statutory provisions in guardianship matters, ruling that the father retains rights unless proven unfit, but the welfare of the minors is paramount in custody d....
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
The welfare of the child is the paramount consideration in custody disputes, and the biological father has the right to custody unless proven otherwise.
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.
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