R. MAHADEVAN, MOHAMMED SHAFFIQ
A. Aashifa Begum – Appellant
Versus
Khader Beevi – Respondent
JUDGMENT
R. Mahadevan, J.—The Original Side Appeal has been instituted against the order and decreetal order dated 06.06.2023 passed by the learned Judge in A.No.2690 of 2023 in O.P.No.188 of 2023.
2. The respondents herein, who are the in-laws of the appellant, has preferred a petition in O.P. No. 188 of 2023 for grant of permanent custody and appointing them as guardian of their minor grandchild by name Nuha Aalima born on 03.09.2021. According to the respondents, their only son viz., Abdul Hameed married the appellant on 02.09.2020 and out of the said wedlock, a female child by name, A.Nuha Aalima was born on 03.09.2021. While so, the son of the respondents died on 21.10.2022. Thereafter, dispute arose between the parties, which resulted in registration of the criminal cases against them. During the course of enquiry, an agreement was entered into between the parties on 03.11.2022 and as per the same, the custody of the child was given to the appellant and the visitation rights to the respondents herein. Contrary to the same, the appellant refused to permit the respondents to have their visitation rights of the minor grandchild. Feeling aggrieved, the respondents preferred the o
In custody / guardianship matters, courts have to consider welfare of minor child which is a paramount consideration.
The paramount consideration of the child's welfare and the significance of the love and affection of the maternal grandparents influenced the court's decision to grant visitation rights to the grandm....
Under Muslim law, after age of 7 years, it is father who is entitled to custody of child unless Court holds on evidence, father is not a fit person or that is not conducive to physical or mental heal....
Judicial affirmance of child visitation rights hinges on welfare principles and compliance requirements.
The welfare of the child is the paramount consideration in custody disputes, and both parents have rights that must be balanced against the child's best interests.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
A natural parent has a right to visitation with their child unless serious allegations against them are substantiated, prioritizing the child's welfare and emotional bonding.
Visitation rights are essential for a child's emotional development, and denial requires substantial evidence of potential harm.
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