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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Ajay Kumar Nanda @ Pintu – Appellant
Versus
Ashok Kumar Padhee – Respondent
| Table of Content |
|---|
| 1. child custody background and claims (Para 1 , 2) |
| 2. family court's foundation of the case (Para 3 , 4) |
| 3. arguments regarding child's custody (Para 5) |
| 4. principles governing child custody decisions (Para 6 , 10 , 11) |
| 5. welfare of the child as paramount consideration (Para 7 , 8 , 9) |
| 6. final judgment and custody determination (Para 14) |
| 7. court's conclusion on appeal (Para 15) |
JUDGMENT :
1. This appeal U/S.47 of the Guardians & Wards Act, 1890 (in short “the act”) seeks to handover the custody of the child to the father-cum-appellant by removing him from the custody of maternal grandparents and uncle-cum-Respondent No.1 to 3 by setting aside the impugned order dated 31.08.2024 passed by learned Judge Family Court, Jharsuguda in GP No.05 of 2015 dismissing the claim of the father-appellant by continuing the lawful custody of the child with maternal grandfather-cum-R-1 till he attains majority with visitation right to the father-appellant on holidays or any other days with prior notice to grandfather, with further permission to the father-appellant to take the child out of the house of R-1 to 3 for recreation, entertainment or for shopping with concurrence of the child,
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 welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
Custody of child – Financial status of either party is not the sole determining factor when considering issue of custody, though it may be relevant – Affection of child cannot be won over by force.
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 guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
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