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ARCHANA PURI
Rahul – Appellant
Versus
Shalini – Respondent
JUDGMENT
Archana Puri, J. - Challenge in the present revision petition is to the order dated 04.05.2022 passed by learned Addl. Principal Judge, Family Court, thereby, allowing the application filed by the respondent qua interim custody of the minor son of the parties to the lis.
2. Initially, respondent-Shalini had filed the petition under Section 6 of the Hindu Minority and Guardianship Act, 1956, thereby, seeking custody of the minor son, namely Viraj, from the petitioner-husband Rahul.
3. Therein, an application for seeking interim custody was filed by respondent-Shalini.
4. The facts, as culled out, from the pleadings of the parties, are that petitioner-Rahul and respondent-Shalini (as making appearance in the present petition) got married on 05.02.2018 and from their wedlock, a son, namely Viraj, was born on 06.03.2020. Although, there are allegations and counter allegations about bad behaviour and conduct of both the petitioner as well as the respondent, as spelt out from the pleadings, but it also reflects that parties are residing separate, since December 2020.
5. Thereupon, the petition under Section 6 of the Hindu Minority and Guardianship Act was filed by Shalini against her
The welfare of the minor child is of paramount consideration in custody disputes, and Section 6 of the Hindu Minority and Guardianship Act places the onus upon the father to prove that it is not in t....
In custody disputes involving minors under five, the court prioritizes the welfare of the child and generally favors maternal custody unless compelling circumstances dictate otherwise.
The welfare of the child is the paramount consideration in matters of custody, especially for minors below the age of 05 years, and the mother is ordinarily best suited to care for the infant during ....
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
The paramount consideration in custody matters is the welfare of the minor child, as per the Guardians and Wards Act.
In custody disputes, the welfare of the child is the paramount consideration, overriding the statutory rights of parents.
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