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P. SAM KOSHY, SAMBASIVARAO NAIDU
Khusro Vilayatullah Khan – Appellant
Versus
Syed Mustafa Abdul Khader – Respondent
JUDGMENT (COMMON)
P. Sam Koshy J.—Heard Mr. Ali Farooque, learned counsel for the appellants and Mr. Syed Ahmed Ali, learned counsel for the respondent.
2. These are two Family Court Appeals filed by the appellants herein against the order dated 24.05.2024 passed in two O.P.s on the file of the Judge, Principal Family Court-cum-XIII Addl. Metropolitan Sessions Judge, Hyderabad (for short the ‘Family Court’) between the same parties i.e. the appellants and the respondent in O.P.No.1433 of 2021 and O.P.No.1865 of 2021.
3. O.P.No.1433 of 2021 was filed by the respondent seeking for custody of his two minor children namely Syeda Khatija Nausheen, born on 09.11.2019 and Syed Mujtaba Abdul Nasir, born on 07.12.2020. Likewise, O.P.No.1865 of 2021 is one which has been filed by the appellants herein seeking to appoint them as a permanent guardian and custodians of the two minor children namelySyeda Khatija Nausheen and Syed Mujtaba Abdul Nasir. O.P.No.1433 of 2021 stood allowed granting custody of the afore mentioned minor children to the respondent who is the biological father of the two children, and at the same time, the Family Court has granted the appellants herein the visitation righ
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....
The welfare of the child is the paramount consideration in custody disputes, and the biological father has the right to custody unless proven otherwise.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
The paramount consideration in custody cases is the welfare of the children, not financial status or character allegations against a parent.
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
The paramount consideration in custody disputes under the Guardians and Wards Act is the welfare of the child, which takes precedence over personal law.
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