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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Anand Pathak, Hirdesh
Sucheta Bhadoriya – Appellant
Versus
Ambarish Singh – Respondent
| Table of Content |
|---|
| 1. custody application under family and guardian laws. (Para 1 , 2) |
| 2. competing claims for child custody. (Para 3 , 5 , 6) |
| 3. evaluation of custody based on child welfare. (Para 4 , 7 , 8) |
| 4. welfare of the minor is paramount. (Para 9 , 10 , 11 , 12) |
| 5. father's role as natural guardian affirmed. (Para 13 , 14 , 15) |
| 6. appeal dismissed; visitation rights clarified. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
Hirdesh, J.
The instant first appeal under Section 19 of the FAMILY COURTS ACT ,1984 read with Section 47 of Guardian and Wards Act,1890 (hereinafter it would be referred as “the Act of 1890”) has been preferred by appellant (maternal grandmother of minor child) challenging the impugned judgment and decree dated 13.02.2024 passed by Additional Principal Judge, Family Court, Gwalior in MJCGW No.2013/2019, whereby an application under Section 25 of the Act of 1890 filed by respondent (father of child) seeking custody of minor child Shivojas has been allowed.
2. Necessary facts for disposal of present appeal, in short, are that as per averments of the appellant, marriage of respondent with daughter of appellant, namely, Pratibha was solemnized on 06.06.2014. Out of their wedlock
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 a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
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