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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Preety – Appellant
Versus
Sumit Kumar Narwal – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The instant revision petition, under Article 227 of the Constitution of India, assails the order dated 02.12.2024 (Annexure P-1), passed by the Court of learned Principal Judge, Family Court, Jind vide which the application (Annexure P-10), filed by the petitioner for the grant of interim custody of the minor child (Aadhish) was dismissed.
2. Shorn of unnecessary details, the marriage of the petitioner was solemnized with the respondent on 26.05.2019 at Jind as per Hindu rites and ceremonies. A male child (Aadhish) was born from the said wedlock on 16.12.2021. It appears that certain differences cropped up between husband and wife as a result of which, a petition under Section 13-B of the Hindu Marriage Act, 1955 (for short 'the HMA , 1955') (Annexure P-2) for dissolution of marriage was preferred. A joint statement upon first motion was recorded on 31.01.2021 (Annexure P-3). It was stated that the parties had settled their disputes amicably regarding dowry articles, alimony, maintenance etc. and that the respondent (husband) would pay a sum of Rs. 9,00,000/- as permanent alimony to the petitioner out of which Rs. 4,50,000/- was received by way
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
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 ....
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.
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