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ANAND PATHAK, HIRDESH
Vandana Pal – Appellant
Versus
Dharmendra Pal – Respondent
| Table of Content |
|---|
| 1. custody applications under the guardians and wards act. (Para 2 , 3) |
| 2. allegations against each parent regarding neglect. (Para 4 , 5) |
| 3. appellant’s arguments contesting the ex parte order. (Para 8 , 9) |
| 4. welfare of the child as the paramount consideration. (Para 11 , 12 , 13 , 14 , 15 , 19) |
| 5. court affirms family court’s decision. (Para 20 , 21) |
ORDER
Hirdesh, J. -- 1. The instant miscellaneous appeal under section 47 of the Guardians and Wards Act, 1890 has been preferred by appellant- wife assailing ex parte order dated 23.2.2024 passed by Additional Judge to the Court of Principal Judge, Family Court, Gwalior in RCSHM No.29 of 2021, whereby the application filed by respondent -husband under section 25 of the Guardians and Wards Act, 1890 has been allowed.
2. Facts giving rise to present appeal, in short, are that respondent husband filed an application under section 25 of the Guardians and Wards Act, 1890, pleading that his marriage was solemnized with appellant according to Hindu customs and rites on 29th of April, 2007 in the City of Gwalior. From their marital relationship, a son, Mayank Pal was born on 26.9.2008. It was further pleaded that he is residing i
The welfare of the child is the paramount consideration in custody disputes, overriding parental claims and rights under law, as affirmed by the Court's ruling.
The welfare of the child is the paramount consideration in custody disputes, and allegations must be proven with substantial evidence.
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.
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
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