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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Rakesh Singh – Appellant
Versus
Poonam Singh – Respondent
| Table of Content |
|---|
| 1. custody dispute under pwdv act. (Para 1 , 2) |
| 2. court's analysis of custody orders. (Para 3) |
| 3. arguments by parties regarding custody. (Para 5 , 6 , 7) |
| 4. provisions under pwdv act analyzed. (Para 8 , 9 , 10) |
| 5. child's preference and welfare emphasized. (Para 12 , 13) |
| 6. final decision favoring father's custody. (Para 14 , 15) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner questions the correctness of the order dated 11.07.2022 passed by learned Additional Sessions Judge, Jharsuguda in Criminal Revision Case No.17 of 2018 (treated as Appeal), whereby the order passed by learned S.D.J.M., Jharsuguda on 04.06.2018 in CMC No.79 of 2018 under Section 21 of PREVENTION OF WOMEN FROM DOMESTIC VIOLENCE ACT , 2005 (in short, the ‘PWDV Act’) was set aside. The present opposite party- had filed an application under Section 21 of the PWDV Act claiming temporary custody of her child residing with his father. While learned S.D.J.M. rejected the prayer, learned Additional Sessions Judge set aside the order of learned S.D.J.M. by directing the petitioner- husband to deliver custody of the child to his wife within 30 days.
2. The petitioner and the opposite party are husband and wi
The best interest of the child is paramount in custody matters, and a child's expressed wishes must be considered, especially when the child is of sufficient age to form a rational opinion.
The welfare of a minor child is paramount in custody decisions, particularly during puberty, necessitating the mother's active role in care and support.
The PWDV Act is not a final remedy for custody and guardianship issues of a minor child, and the provisions of the PWDV Act and the Family Courts Act should be harmoniously construed.
Point Of Law : In the matters pertaining to custody of minor; welfare and interest of child to be given a paramount importance.
(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....
The welfare of the child is the paramount consideration for custody matters, and each case must be decided on its own facts, considering the stability and consistency of the child's living arrangemen....
Courts prioritize a child's welfare in custody disputes, generally favoring mothers for children under five, unless specific circumstances suggest otherwise.
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