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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vinod Diwakar,J.
Saumya Sajiv Kumar Sharma – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of the case and background facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by the wife regarding custody and domestic violence. (Para 11) |
| 3. legal principles governing custody decisions involving minors. (Para 14 , 15 , 16 , 17 , 18) |
| 4. court's observations on the welfare of the child and custody considerations. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. final order granting custody and visitation rights. (Para 28 , 30 , 31 , 32) |
JUDGMENT :
Vinod Diwakar,J.
1. Heard Ms. Vijeta Singh, learned counsel for the applicant no.1, Mr. Chandan Sharma assisted by Mr. Shubham Tripathi, learned counsel for the opposite party no.2, learned A.G.A. for the State-respondent, and perused the record.
2. The present application has been preferred for quashing the orders dated 28.08.2023 and 09.10.2023 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court, Allahabad, as well as the order dated 10.09.2024 passed by the learned Additional Sessions Judge/Special Judge (MP/MLA), Prayagraj, in Criminal Appeal No.107 of 2024, titled as Saumya Sajiv Kumar Sharma and another v. Sumit Vats, arising out of proceedings under Sectio
The welfare of a minor child is paramount in custody decisions, particularly during puberty, necessitating the mother's active role in care and support.
The paramount consideration in custody disputes is the welfare of the child, not the parents' rights or allegations against them.
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 best interest of the child is paramount in custody matters, and a child's expressed wishes must be considered, especially when the child is of sufficient age to form a rational opinion.
Welfare of the minor child is the paramount consideration in custody disputes, requiring courts to prioritize the child's best interests.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
The main legal point established is the entitlement of an aggrieved party to relief under the DV Act, including maintenance, protection from domestic violence, and custody of the child.
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