ARCHANA PURI
Jaspreet Singh – Appellant
Versus
Roopali Dhillon – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. The petitioner has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India, thereby seeking quashing/modification of the order dated 01.11.2018 (Annexure P-10) for grant of appropriate visitation rights of the minor and also for the interim custody to the petitioner and his parents.
2. Initially, petitioner-Jaspreet Singh had filed a petition under Section 25 of the Guardians and Wards Act for seeking custody of the minor daughter. Therein, an application for interim custody was disposed of vide impugned order, wherein, it was held that no ground is made out for handing over the custody of the minor child to the petitioner, but however, visitation rights were granted to the petitioner-father.
3. Feeling aggrieved by the order passed by the Court below for not handing over the custody of the minor child to the father and also granting only visitation rights, Jaspreet Singh has filed the present revision petition.
4. In pursuance of notice issued, respondent made appearance.
5. Learned counsel for the parties heard.
6. The facts, as culled from the paperbook, are as follows:-
That, marriage between the petitioner and respondent
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.
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....
The paramount consideration in custody disputes is the welfare of the child, favoring maternal custody for girls over seven, barring harmful circumstances.
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.
Custody of child – It is welfare and interest of minor child which is of paramount importance.
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