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ALOK ARADHE, S. VISHWAJITH SHETTY, ALOK ARADHE, S. VISHWAJITH SHETTY
Ekta Singh – Appellant
Versus
Rajeev Giri S/o Jaydev Giri – Respondent
JUDGMENT
Vishwajith Shetty J.—This miscellaneous first appeal is filed under Section 47(C) of the Gurardian and Wards Act, 1890 (for short, ‘the Act’), against the judgment and decree dated 03.03.2022 passed by the IV Addl. Prl. Judge, Family Court, Bengaluru (hereinafter referred to as ‘the Family Court’), in G & WC.No.128/2018, wherein the Family Court has allowed the petition filed by the respondent-father under Section 25 of the Act and directed the appellant-mother to hand over the custody of the minor child to the respondent and further restrained the appellant from removing the child from the jurisdiction of the Family Court till the custody of the child is handed over to the respondent.
2. Heard the learned Senior Counsel for the parties and also perused the material available on record.
3. Brief facts of the case as revealed from the records which would be necessary for the purpose of disposal of this appeal are, the marriage of the appellant with the respondent was solemnized as per the Hindu rites and customs on 23.10.2011 and from the said wedlock, a girl child who was named Mayra Giri was born on 26.04.2015. Both the parties are Doctors by profession. It appears that t
(1) Courts while considering question of a minor child’s custody, has to keep in mind overall well being of child and paramount consideration should be only its welfare.(2) It is discretion of Family....
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.
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