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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
ARUN BHANSALI, JASPREET SINGH
Dinesh Kumar Agarwal – Appellant
Versus
State of U.P. through Principal Secretary (Home) Govt. of U.P., Lucknow – Respondent
| Table of Content |
|---|
| 1. intervention of the court based on child's welfare. (Para 1 , 10 , 17 , 18) |
| 2. overview of ongoing custody litigation. (Para 2) |
| 3. clarification on parties involved in the case. (Para 3 , 4 , 5) |
| 4. detailing familial relationships and histories. (Para 6 , 8 , 12) |
| 5. details on proceedings involving the father and mother. (Para 9) |
| 6. filing for habeas corpus and prior orders. (Para 13) |
| 7. arguments raised by the father about visitation rights. (Para 14 , 30) |
| 8. response to contempt proceedings. (Para 15 , 16 , 24) |
| 9. discussion of boarding school for the child. (Para 22 , 27 , 33) |
| 10. legal arguments presented regarding parental rights. (Para 40 , 52) |
| 11. the burden placed on the child due to parental disputes. (Para 58 , 60 , 64 , 82) |
| 12. final decisions and educational provisions for child. (Para 80 , 81) |
JUDGMENT :
Jaspreet Singh, J.
1. Two warring spouses have filed the instant two intra-court appeals assailing the order dated 07.04.2023, passed by the learned Single Judge, whereby three applications filed, were disposed of by the said order, in a Habeas Corpus Petition No.9307 of 2020.
2. The two spouses have been at loggerheads and have filed multiple petitions which have
Custody of a minor must prioritize the child's welfare, with visitation rights structured to maintain relationships with both parents amidst ongoing parental conflict.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
Custody of child – Financial status of either party is not the sole determining factor when considering issue of custody, though it may be relevant – Affection of child cannot be won over by force.
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 paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
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