P. DHANABAL
S. Sankara Narayanan – Appellant
Versus
T. Kamatchi Suganya – Respondent
JUDGMENT
This Civil Miscellaneous Appeal has been preferred against the fair and decreetal order dated 20.03.2014 made in Guardian and Wards Original Petition No.53 of 2012 on the file of the II Additional District Judge, Tiruchirappalli, wherein the appellant herein filed the Guardian and Wards Original Petition No.53 of 2012 on the file of the II Additional District Judge, Tiruchirappalli, for custody of the minor child to the appellant / petitioner.
2. The brief facts of the petition before the trial Court are as follows:-
(i) The marriage between the appellant / petitioner husband and the respondent / respondent wife was solemnized on 21.06.2004 at Papaneri village at Sivagangai Taluk. Due to the wedlock, a minor child, namely, Yokesh Ram was born on 16.11.2006. Without any valid reasons, the respondent / respondent wife left from the matrimonial home and resided with her parents along with her minor child. The respondent / respondent wife has not shown any interest in the welfare of the child. The appellant / petitioner husband alone attended the needs of the minor child.
(ii) While that being so, on 03.01.2011, the respondent / respondent wife suddenly disappeared from th
Custody of minor child – Welfare and happiness of child are decisive factors.
Custody decisions prioritize the child's best interests and stability, particularly when that stability has been established over several years.
There cannot be any quarrel on the proposition that the custody of the minor children is to be granted to the parents at the first instance and only in the absence of parents, the custody can be gran....
The welfare of the child is the paramount consideration in custody disputes, and allegations must be proven with substantial evidence.
The interest and welfare of the minor children are of paramount consideration in custody matters. Courts should conduct a deeper inquiry into the state of mind of the children and consider their genu....
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