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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Manju – Appellant
Versus
Shivprasad – Respondent
JUDGMENT
Neena Bansal Krishna, J.—
CM Appl.7623/2023 (Condonation of delay)
The present Application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/appellant seeking condonation of 61 days’ delay in filing the present appeal.
2. For the reasons and grounds stated in the present application, the delay of 61 days in filing the present appeal is hereby condoned.
3. Accordingly, the present application is disposed of.
CM Appl.7624/2023 (Condonation of delay)
1. The present Application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/appellant seeking condonation of 8 days’ delay in re-filing the present appeal.
2. For the reasons and grounds stated in the present application, the delay of 8 days in re-filing the present appeal is hereby condoned.
3. Accordingly, the present application is disposed of.
Mat.App.(F.C.) 47/2023
It is the child who suffers the most casualty in custody battle because even if either parent wins, the child loses everything due to polarization of familial relations. Merely having a child does not make one a ‘parent’,
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 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 prevails over the natural guardianship rights, as established by the father's inability to demonstrate he could serve the child's best interests compared to the established c....
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
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