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SANJEEV J. THAKER
Mausami Dilipkumar Bhatt – Appellant
Versus
Maunang Lalitkumar Gor – Respondent
JUDGMENT (ORAL)
“Children ought not to be victims of the choices adults make for them.” Wade Horn [Former US Assistant Secretary for Children and Families].
The present Civil Revision Application has been filed challenging the order passed below Exhibit-15 by Family Court, Ahmedabad in CMA No.105 of 2021, whereby the application filed by petitioner wife under the provisions of Order VII Rule 11 of the Code of Civil Procedure has been rejected. Aggrieved, the defendant in the said proceedings has filed the present Civil Revision Application.
2. Rule returnable forthwith. Learned advocate Mr. Manan Bhatt waives service of notice of rule on behalf of the respondent. This matter is taken up for final hearing with the consent of the learned advocates for the respective parties.
3. The brief facts of the case are that the parties to the present proceedings had filed petition for divorce under the provisions of Section 13(b) of the Hindu Marriage Act. In the said petition, the parties had mentioned that the marriage of the parties had taken place on 23.01.2011 and from the said marriage a baby girl namely Krishvi was born in the year 2016 and as there were disputes between the parties to
(1) Custody of minor child – Custody orders are always considered interlocutory orders and by nature of such proceedings, custody orders cannot be made rigid and final and are always capable of being....
Competent Court under Special Marriage Act, 1956, even after passing decree of divorce has jurisdiction under Section 38 of Special Marriage Act, 1954 to pass just and proper order with respect to cu....
The paramount consideration of the welfare and interests of the child in custody matters, the importance of following prescribed procedures for recording settlements and issuing decrees, and the avai....
The paramount consideration in custody matters is the best interest and welfare of the child, not the legal rights of the parents.
The welfare of a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
The paramount consideration in custody disputes is the welfare of the child, favoring maternal custody for girls over seven, barring harmful circumstances.
The welfare of the minor child is paramount in custody disputes; legal rights of parties are secondary to ensuring a nurturing environment for the child's growth.
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
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