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M.P.MEHROTRA
Ainunnisa – Appellant
Versus
Mukhtar Ahmad – Respondent
Key Points: - Welfare of the minor is the paramount consideration in Section 25 custody decisions; not the rights of the natural guardian. (!) (!) - The minor's intelligent preference and psychological well-being are weighed in determining custody, especially when the minor has resided with the mother since birth. (!) (!) (!) - Disturbing the existing custody arrangement requires showing that such disturbance serves the minor’s welfare, even if the father is the natural guardian; the court may retain custody with the mother where it serves the minor’s best interests. (!) (!) (!) - The trial court’s findings on paternity may be debatable and are not conclusive; welfare considerations can override contested paternity findings. (!) (!) (!) - The decision emphasizes aligning with welfare over strict application of personal or religious law, allowing the court to override the natural guardian’s rights when necessary for the child’s welfare. (!) (!) (!) - The court can consider the minor’s age, upbringing, and the presence of another guardian (mother or step-parent) when determining custody in the minor’s best interests. (!) (!) (!)
JUDGMENT :- This appeal is directed against the order of the District Judge allowing an application under Section 25 of the Guardians and Wards Act of 1890. The respondent No. 1, Mukhtar Ahmad, claiming to be the real father of a male minor named, Mphd. Yusuf, sought for the return of his custody as the guardian of the said minor.
2. The brief facts are these: The appellant, Smt. Ainun Nisa, is the daughter of the respondent no. 2, Mohd. Munir. The appellant was married to the respondent No. 1, Mukhtar Ahmad. In 1962 she was divorced by her said husband and after that divorce the latter remarried another woman from whom he has several children. Smt. Ainun Nisa also remarried one Sheikh Bhullan. There is a minor son of Smt. Ainun Nisa whose name, according to Mukhtar Ahmed, respondent No. 1, is Mohd. Yusuf but according to Smt. Ainun Nisa, the appellant, and Mohd. Munir, the respondent No. 2. his name is Ghani, Mukhtar Ahmad claimed that the said son of Smt. Ainun Nisa was begotten by him. However, the lady denies this allegation and says that the said son is from her second marriage with Sheikh Bhullan and his real name is Ghani and not Mohd. Yusuf as alleged by Mukhtar Ahm
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