V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Parameeta Singh – Appellant
Versus
Harsh Vardhan Singh – Respondent
JUDGMENT (ORAL)
V. Kameswar Rao, J.—
CM Appl. 59385/2023
Exemption allowed subject to all just exceptions. Application stands disposed of.
CM Appl. 59384/2023
This application is filed by the appellant seeking condonation of delay of 16 days in filing the present appeal. For the reasons stated in the application, the same is allowed. Application stands disposed of.
Mat.APP.(F.C.) 341/2023
The challenge in this appeal is to an order dated September 13, 2023, whereby the learned Family Court while considering the application filed by the respondent herein under Section 12 of the Guardianship and Wards Act,1890, has directed as under:-
“Ld. Counsel for the respondent states that the respondent is residing at Arunachal Pradesh and she has no objection if the petitioner comes to Arunachal Pradesh to meet the minor child. Ld. Counsel for the respondent further states that the petitioner works in Dubai, therefore, he can not take care of the minor child. Ld. Counsel for the respondent further states that the present petition is filed just to harass the respondent. In rebuttal learned counsel for the petitioner states that the respondent is residing in disturb area of Arunachal Pradesh, th
While considering custody/interim custody of minor child welfare of minor child is paramount.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
Custody of child – Interest of minor child is paramount – In the process of adjudicating upon rights of parents, her health cannot be compromised.
The welfare of the child is paramount in custody and visitation decisions, and the court may modify visitation rights based on the child's comfort and the totality of circumstances.
Visitation rights must prioritize the welfare of minor children, even if it contradicts their expressed wishes, recognizing the importance of maintaining relationships with both parents post-separati....
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