...custody of the child in preference to Respondent 1 father of the child.7. The learned counsel appearing for the appellants submitted that though the first re...the child keeping in mind all the attending facts and circumstances including the settled legal position referred to above. Once again, we may hasten to add that the decision of the court, in each case, mu...minor children when the parents are non-residents (NRI). We have referred to the above judgments relating to custody of the child removed from foreign country and brought to India for the sake of ...

...custody of minor Antariksh to the respondent. It was stated that the approach of the courts below was technical and legalistic rather than pragmatic and realistic. It was stated that in such matters, ...whether from any other point of view the father's claim in respect of that custody or upbringing is superior to that of the mother, or the mother's claim is superior to that of the father.”...the child is the paramount consideration, to which even the rights of parents must sometimes yield.”(emphasis supplied...

...are well settled. It is trite that while determining the question as to which parent the care and control of a child should be committed, the first and the paramount ...relevant considerations but cannot be the sole determining factor for the custody of the child. It is here that a heavy duty is cast on the court to exercise its judicial discretion judiciously in...during the course of hearing on one of the dates, when we had not yet interviewed Satyajeet, we had suggested that it would be better if the child could stay with his mother for some more time. However, upon hearing us, he started c...

...given the child would overcome any tutored prejudice. Though there was a claim that the relatives would provide healthy environment to the child, none of them stepped into the witness box and affidavits fi...whether from any other point of view the father's claim in respect of that custody or upbringing is superior to that of the mother, or the mother's claim is superior to that of the father.”...different. In American Jurisprudence, 2nd Edn., Vol. 39, para 31, p. 34, it is stated:“As a rule, in the selection of a guardian of a minor, the best interest of ...

...directed that the child shall be given in the custody of her father till the next date of listing. Today, both the parties have also appeared before this Court in person along with the child also.8- As per ...to the welfare of the child will be in whose custody. The welfare of the child is the primus consideration which should have been taken into ...of the child would be in whose custody. However, we are of the view that the impugned order dated 30.11.2009 cannot be sustained in the eye of law especially in absence ...

...position referred to above. Once again, we may hasten to add that the decision of the court, in each case, must depend on the totality of the facts and circumstances of the case ...enquiry on the question of custody or by dealing with the matter summarily order a parent to return custody of the child to the country from which the child was removed and all aspects relating to the chil...its own facts. We may, however, again reiterate that the welfare of the child will always remain the paramount consideration.Welfare of ...

..., which is of paramount importance. If the court is convinced in that regard, the fact that there is already an order passed by a foreign court in existence may not be so significant as it must yield to ...interests and welfare of the child are of paramount consideration. The principle of comity of courts as...observed in Dhanwanti Joshi case (1998) 1 SCC 112, in relation to non-Convention countries is that the court in the country to which the child is removed will consider the question on merits bearing ...

...Balbir Kaur v. Jit Kaur, 2001(1) All India Criminal LR (Pb. & Hry.) 31. According to learned counsel, the paramount consideration of the w...parties namely mother and father may apply for the custody which would be decided by the Court by keeping in view the paramount consideration of welfare of the child. A ...given to the principle of paramount consideration by section 13 of the 1956 act. 10. The question then arises whether the expression `minor ordinarily ...

...under Section 26 of the Act since in both the situations two things are common; the first, being orders relating to custody of a growing child and secondly, the paramount ...should be given custody of a minor child, the paramount consideration is the ‘welfare of the child’ and not rights of the parents under a statute for ....15. Even though the aforesaid principles have been laid down in proceedings under the Guardians and Wards Act, 1890 these principles are equally applicable in dealing with the custody of a ...

...) 2001 1 R.C.R Civil 148. According to learned counsel, the paramount consideration of the welfare of the ...5 years which is a mandatory provision. Thereafter, the parties namely mother and father may apply for the custody which would be decided by the Court by keeping in view the paramount ...statutory recognition has been given to the principle of paramount consideration by Section 13 of the 1956 Act.11. The question then arises whet...

...3138), and a judgment of this : Court in Balbir Kaur v. Jit Kaur (P&H) . According to learned counsel, the paramount consideration .... Thereafter, the parties namely mother and lather may apply for the custody which would be decided by the Court by keeping in view the paramount consideration of welfare of ...has been given to the principle of paramount consideration by Section 13 of the 1956 Act. 11. The question then arise whether the exp...

.... Advocate Malavika Rajkotia, learned counsel for the appellant, first submits that the High Court has given undue emphasis to the principle of comity of courts in complete disregard to the ...of the child is of paramount consideration and that the Court must rest its decision based on the best interests of the child. Even in instances where ...where the removal related to a period before adopting the Convention, the law is that the court in the country to which the child is removed will consider the question on merits bearing ...

...present scenario would it be proper to direct the appellant to hand over the custody of the minor child Anagh to the respondent.15. Under the Guardians and Wards A...second time and has a child too, and the minor child might have to be in the care of stepmother, specially the father being a businessman, he has to be out of the house frequently on account of his busines...welfare of the minor child. The child has remained with the appellant grandmother for a long time and is growing up well in an atmosphere...

...the child is more comfortable with the father. Further, the fact remains that the petitioner-father of the minor son is earning reasonably good and will be able to provide good education ...the child , who is comfortable and is not in any manner exhausted by the exercise. The welfare of the child shall be the prime consideration of both the parents. 5. In...the child, in view of the facts and circumstances of the present case...

...far or so fast as in England, but at the same time the right of the mother to the custody of her young children is undoubtedly recognized in this country, see for example Bai Tara v. Mohan...can see his child.I think the learned Judge in the Court below went wrong in the exercise of his discretion, because he did not recognise that the paramount ...recognition in s. 19(b) of the Guardians and Wards Act, VIII of 1890. But s. 19 is in my opinion controlled by s. 17 of the same Act, according to which the paramount ...

...Hindu Minority and Guardianship Act in future, if so advised to secure such relief as is warranted by law if the facts and circumstances so warrant having regard to paramount consideration of the welfare ...paramount interest of the child lies in giving his custody to the mother. The age of the child is admittedly less than five years. The child undoubtedly needs affection of his mother for which there is no...on dates intimated by him well in time to the appellant.3. We also wish to make it clear that this order will not preclude the respondent from moving the appropriate court under the...

...i.e. pressing of abdomen and also for walking he needs support. Both the appellant and respondent claim that they would discharge their responsibilities and will serve the child better. 7. In cases ...Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari reported in (2019) 7 SCC 42, it has been held that the court while deciding custody cases of the child,...be the interest and welfare of the child. The Hon'ble Supreme court in the aforesaid judgment reiterated the view taken in Nil R...

...legal relationship but the social and psychological relationship discussed in paragraph No.54 of the judgment. 10. While considering the custody of the child...the child and welfare of the child and shall not influence on the child about his future and the law is also settled with regard to the same and paramount ...welfare of the child taking into note of...

...42, considering the issue of custody of a child to the guardian/ parents, held that paramount consideration for the court aught to Neutral Citation No. - 2020:AHC:6996...paramount consideration 26. The court while deciding the child custody cases is not bound by the mere legal right of the parent or...provisions of the special statutes govern the rights of the parents or guardians, but the welfare of the minor is the supreme consideration in cas...

...Court below has failed to consider that paramount consideration is welfare of child and the respondent is not able to provide good education, atmosphere and other facilities to the daughter and he has....8. On perusal of the relevant provisions of the Act of 1890 what clearly emerges is that the matter relating to the custody of a minor child is not onl...person as the guardian of a minor, it is not the rights of the parents or relatives that should concern the court. The paramount consideration is the welfare ...