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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH, M.S.SAHOO
Urmilla Sahu – Appellant
Versus
Santosh Kumar Sahu – Respondent
| Table of Content |
|---|
| 1. details of appeal under family courts act. (Para 1 , 2) |
| 2. background of custody dispute. (Para 3) |
| 3. evidence and applications presented in trial. (Para 4) |
| 4. statements and submissions of parties. (Para 5 , 6 , 7) |
| 5. legal issues framed in custody proceedings. (Para 8 , 10) |
| 6. considerations in assessing child's welfare. (Para 11 , 12) |
| 7. court directives on evidence and relationship. (Para 13 , 14) |
| 8. welfare as paramount in guardianship. (Para 17 , 18) |
| 9. importance of stability in child custody. (Para 24 , 27) |
| 10. final order and hope for future interactions. (Para 33 , 34) |
Judgment :
M.S. Sahoo, J.
By filling the present appeal under Section 19 of the Family Courts Act,1984 the appellants have challenged the judgment and order dated 21.11.2018 passed by the learned Judge, Family Court, Berhampur in Civil Proceeding-C.P. No.271 of 2015.
The said proceeding was filed under Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter the ‘Act, 1956’ for short) by the present respondent-father of the minor girl child (name of the girl is being withheld), seeking custody of the girl child who has been staying with her maternal grandmother and maternal uncles,
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 welfare of the minor child is paramount in custody disputes; legal rights of parties are secondary to ensuring a nurturing environment for the child's growth.
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 guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
The paramount interest of the child and the welfare of the child are the central legal principles established in the judgment.
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....
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