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SURESHWAR THAKUR, SUDEEPTI SHARMA
Suman – Appellant
Versus
Virender Kumar – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.:- Appellant Suman filed a petition under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, before the learned Principal Judge, Family Court, Pehowa, thus seeking the custody of her minor daughter and son, who were respectively aged about 6 years and 3 years at the time of filing of the petition (supra), before the learned Family Court concerned.
2. Through a decision made, on 06.02.2020, on the petition (supra), the said petition became dismissed, but with the rights of visitation vis-a-vis her minor children, inasmuch as, the appellant being permitted to visit her minor children once in a month, thus becoming conferred upon the present appellant.
3. The passing of the aforesaid verdict, has thus led the appellant wife to make an appeal there against.
4. Brief facts of the case The marriage of the appellant was solemnized with the respondent No. 1 on 1.11.2009, at Patiala, according to Hindu rites and ceremonies. Out of the said wedlock one daughter ‘M and one son ‘V’ were born respectively on 13.8.2010 and on 8.6.2013. Both the said children are in the custody of the respondents i.e. father an
Allegations of adultery do not disqualify a parent from custody; the welfare of the child is paramount, necessitating psychological evaluation in custody disputes.
Custody of minor children – Principal consideration of Court whilst deciding application for guardianship under Act in exercise of its parens patriae jurisdiction would be welfare of minor children –....
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
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 children is the paramount consideration in custody matters, and the conduct of the parents should be evaluated in relation to the children's welfare.
The paramount interest of the child and the welfare of the child are the central legal principles established in the judgment.
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