...special statutes govern the rights of the parents or guardians, but the welfare of the minor is the supreme consideration in cases concerning custody of the minor child. The paramount ..., the paramount consideration should be the welfare and well being of the child. In selecting a guardian, the court is exercising parens patriae jurisdiction and is expected, nay...guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration. Section 13(2) stipulates that no person shall be entitled to the guardianship by virtue of the provisions...

...circumstances and bearing in mind the paramount consideration of the welfare of the child, we are convinced that the child's interest and welfare will ...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 consideration is the welfare and...background of all the relevant facts and circumstances, bearing in mind the welfare of the child as the paramount consideration.21. In...

.... Smt. Deepa Bavar, AIR 1994 NOC 269 (Madhya Pradesh) has held that the statutory right of the father as a natural guardian of the child cannot be allowed to prevail over ...coordinate Bench of this Court, it is evident that the welfare of minor child is the paramount consideration. The Court has to give weightage to child's ordinary content...Sessions Trial No.128 of 2017 and appellant has utterly failed to prove offence beyond reasonable doubt. Welfare of minor child is the first and paramount consideration and looking to the best interest...

....5Rather, the Courts are entitled to alter and mould the custody orders in view of the best interest of the minor.6 ...the emotional, intellectual, physical, financial, social and cultural needs of a growing child. Therefore, custody orders are always considered interlocutory orders and by the nature of such...child remains at the heart of judicial adjudication and a factor adversely impacting the child's welfare undeniably becomes a matter of such nature that has a direct bearing on the decision with the...

...evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a gu..., the paramount consideration which is required to be borne in mind by the court is the welfare of the child and nothing else. Precisely, that has not been done.16. It was....19. It was also argued that under the 1890 Act, in appointing or declaring a guardian of a minor, the court should keep in mind the welfare of the minor being the paramount consideration having...

...cases the paramount consideration is the welfare of the child; but that, of course, does not mean you add up shillings and pence, or situation or prospects, or even religion. Wha...standard is the paramount consideration of the child's welfare, which is affected by an array of factors, is ever evolving and cannot be confined in a straitjacket. Therefore, each case h...override the consideration of the best interest and the welfare of the child and that the direction to return the child to the foreign jurisdiction must not result in any physical, mental, psychological...

...aspects relating to the child's welfare be investigated in a court in his own country. Should the court take a view that an elaborate enquiry is necessary, obviously the court is bound to consider ...that the court in the country to which the child is removed will consider the question on merits bearing the welfare of the child as of paramount importance and consider the order of the ...interests and welfare of the child. She submits that the welfare of the child is of paramount consideration and that such consideration ought to override the need to enforce the principle of comity of cour...

...child's welfare be investigated in a court in his own country. Should the court take a view that an elaborate enquiry is necessary, obviously the court is bound to consider the welfare and happine...considering the welfare of the child which is of paramount consideration. The order of the foreign court must yield to the welfare of the child. Further, the remedy of writ of habeas corpus cannot be...go into all relevant aspects of welfare of the child including stability and security, loving and understanding care and guidance and full development of...

...the developments which had taken place subsequent to the judgment of the Tribunal, I feel it would be only proper to review the guardianship of the child and let me proceed to deal with the same.10. ...account, the welfare of the child, the Tribunal held that the child should be in the custodianship of its mother. I am in agreement with the view expressed by the Tribunal. Yet, in consideration of.... P.R Sugasree. in which, while dealing with the matter of custodianship of a minor girl, the Supreme Court, taking into consideration her welfare, held that her interest would be best served if she...

...." Page 12 of 19 After taking note of the marked reluctance on the part of the boy to live wit...precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is...14 years of age. She is capable of forming an opinion about her best interest. The welfare of the child is of paramount consideration and not the rights of the parties. Stability is most important...

...the welfare of the child as of paramount importance and consider the order of the foreign court as only a factor to be taken into consideration. While considering that aspect, ...view of the above, principle of comity of courts or principle of forum convenience alone cannot determine the threshold bar of jurisdiction. Paramount consideration is t...to the welfare of the child. That is only one of the factors to be taken into consideration. The interests and welfare of the child are of paramount consideration. The principle of comity of courts as...

...by us on the conclusion of the hearing we directed that the child should continue her study in the Boarding School.35. On a consideration of all ...held on trust for an infant or the application of the income thereof, the court must regard the welfare of the infant as the first and paramount consideration, and must not take into consideration...interest and well being must be the paramount consideration.Taking all the facts and circumstances into consideration, I pass no order on the motion with...

.... The ill effect on child, due to discord between the parents with negative feeling against each other has natural effect, which hinders the child's normal development. 18. It is...passed by this Court in the stay application in this appeal, the child was directed to continue her stay in the said Boarding institution. By the interim order passed by us on the conclusion of the hearing we directed that ...minor child are well settled. In determining the question as to who should be given custody of a minor child, the paramount consideration is the "welfare of the child...

...the marked reluctance on the part of the boy to live with his mother, the Court further observed: (Mausami Moitra case (2008) 7 SCC 673, ...children, the care and concern for whom he had established in various ways. Keeping in view the fact that the welfare of the children is the paramount consideration, it was noted that Respondents 2...and circumstances of each case.35. Keeping in mind the paramount consideration of the welfare of the children, we are not inclined to disturb their custody which currently...

...Corpus was sought, it will not be in the welfare and interests of the minor to disturb his/her custody; and d. As far as the decision regarding custody of ...welfare of the child. The High Court has disturbed the child's custody based only on the father's right as a natural guardian. 9. The High Court was dealing...mother. The 4thand 5thappellants are the child's maternal grandparents, who were not the parties before the High Court. The 5threspondent is also a real sister of the...

...).34. J v. C (supra) is the outstanding landmark in child law. The English Act of 1925 had declared that the first and paramount consideration in custody disputes was the ...control. Ungoed-Thomas J's decision was upheld by the Court of Appeal and the. House of Lords.37. The ratio decidendi of the Lords' decision is open to two interp...are taken into account and weighed, the course to be followed will be that which is most in the interests of the child's welfare . . . . . That is the first consideration because...

...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 ...judgement reads thus: "Welfare of the minor child is the...child. The paramount consideration for the court ought to be child interest and welfare of the child." Taking into consideration the facts and circumstances of the case...

...custody or upbringing of a minor is in question, then, in deciding that question, the court must regard the minor's welfare as the first and paramount consideration, and may not take into consideration...to require. In short, the child's welfare is the supreme consideration, irrespective of the rights and wrongs of its contending parents, although the natural rights of the parents are entitled to...be paramount consideration.—(1) In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration...

...:“It is not, I think, really in dispute that in all cases the paramount consideration is the welfare of the child; but that, of course, does n...relating to the child's welfare be investigated in a Court in his own country. Should the Court take a view that an elaborate enquiry is necessary, obviously the Court is bound to consider the ...countries is that the court in the country to which the child is removed will consider the question on merits bearing the welfare of the child as of paramount importance and consider the order of ...

...Masson — 6th Edition (1997), in Chapter 21 ‘Exercise of the Court's discretion: The Welfare Principle’, the learned Authors have said thus (at page 717): —“… the child's ...interests of the child's welfare as that term is now understood. .. It is the paramount consideration because it rules upon or determines the course to be followed.”Little...duty of the Court to take into consideration the welfare of the child, which is of paramount importance.10. In Mayne's ‘Hindu Law & Usage’ — 14th Edition (1996), at page 356, commenting...