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ALKA SARIN
Jatinder Singh – Appellant
Versus
Supreet Kaur – Respondent
JUDGMENT
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India by the petitioner-father challenging the order dated 03.08.2022 passed by the Family Court directing the handing over the interim custody of the minor children to the respondent-mother.
2. The brief facts relevant to the present lis are that the parties to the lis were married on 22.02.2009. On 19.07.2010 a son was born who is now 12 years old and studying in 6th Class in St. Anne's Convent School, Sector 32, Chandigarh. On 12.06.2014 a daughter was born who is now 8 years old and studying in 2nd Class in the same school. The respondent-mother is stated to have left the matrimonial home in July 2020 leaving both the children. On 12.08.2020 an FIR No.0050 dated 12.08.2020 was lodged under Sections 323 , 406, 498-A of the INDIAN PENAL CODE , 1860 at Police Station Thanesar, District Kurukshetra against the petitioner-father and his father. Subsequently, CRWP-541-2021 was filed by the respondent-mother. However, the said petition was dismissed as withdrawn vide order dated 09.02.2021 granting liberty to the respondent-mother to approach the Family Court for grant of custo
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 ....
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.
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 child custody cases is the welfare of the child, not merely parental affection, necessitating a conducive environment for their emotional and physical well-being.
In custody disputes, the welfare of the child is the paramount consideration, overriding the statutory rights of parents.
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