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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, SUKHVINDER KAUR
Ravi Kumar – Appellant
Versus
Mukesh Kumari – Respondent
JUDGMENT :
Sudhir Singh, J.
1. Challenge in the present appeal is to the order dated 17.12.2024 passed by the learned Principal Judge, Family Court, Kaithal (for short 'Family Court'), whereby, the petition under Section 25 of the Guardians and Wards Act, 1890 (for short 'Act') filed by the appellant, was dismissed. However, he was granted visitation rights to meet the minor once in a month at a common place and the time to be fixed at the convenience of the parties.
2. The aforesaid petition had been filed by the appellant asserting therein that his marriage with the respondent was solemnized on 05.07.2006 according to Hindu rites, and out of the said wedlock, two daughters and one son were born. It was further asserted that both the daughters were in the custody of the appellant, whereas, the son was in the custody of the respondent. The respondent had performed second marriage with one Ravinder Kumar without getting their marriage dissolved by a decree of divorce. The respondent had failed to maintain or provide basic amenities to the minor son. It was further pleaded that she had filed a petition under Section 13 of the Act, which was still pending. The appellant had filed a comp
Point of Law : Custody of minor daughter - Visitation rights - Merely because appellant is natural guardian of his minor daughter, issue of custody cannot automatically be decided in his favour - Wel....
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.
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
Welfare of the child is the paramount consideration in custody disputes, overriding parental rights; stability and security of the child’s living situation are essential for their development.
Welfare of the minor is the paramount consideration in custody disputes, outweighing the rights of parents. Proper guardianship requires evaluation of living conditions and educational opportunities.
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