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GOUTAM BHADURI, DEEPAK KUMAR TIWAR
Samarin Nishad – Appellant
Versus
Dhaniram Nishad – Respondent
JUDGMENT ON BOARD
Goutam Bhaduri J.—This appeal is against the order dated 12.04.2022 passed by the Judge, Family Court, Mahasamund in Misc. Civil Suit No.14/2021, whereby the application filed by the appellant under Section 25 of the Guardians and Wards Act, 1890 for custody of 3 children from respondent No.1 - Dhaniram Nishad was dismissed.
2. The mother of the children being appellant is in the appeal. The admitted facts of the case are that the appellant was married to Dhaniram Nishad who works as a labour and out of their wedlock, 3 children who are arrayed as respondents No.2, 3 & 4, were born. According to the appellant/mother, in the year 2014, she got separated from respondent No.1. Thereafter, she performed second marriage with one Narendra Singh and started residing with him. It was stated that the second husband has sufficient means to look-after the children as he is working as a driver, whereby, he earns Rs.12,000/- per month and he is also having 7 acres of land, therefore, they are more capable in financial terms to look-after the children as compared to respondent No.1 who works as a labour and is getting Rs.150/- per day and he is not able to look-after the welfar
Custody of children – Claim seeking custody of children is not akin to property right as various factors would be necessary to evaluate to decide the question.
Welfare of the child is the paramount consideration in custody disputes, overriding parental rights; stability and security of the child’s living situation are essential for their development.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
The welfare of minor children is the paramount consideration in custody disputes, with preference for the mother as primary caregiver, irrespective of financial circumstances.
The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
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