.... 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...

....5Rather, the Courts are entitled to alter and mould the custody orders in view of the best interest of the minor.6 ...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 decisi...interact with the child virtually twice a week for thirty minutes each. The exact time of such virtual interactions is to be worked out between the parties after giving due consideration to the ...

...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 ...background of all the relevant facts and circumstances, bearing in mind the welfare of the child as the paramount consideration.21. In...

...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 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 gua...

...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, ea...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 mus...

...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 ...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 .... 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 ...

...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 ...child. The paramount consideration for the court ought to be child interest and welfare of the child." Taking into consideration the facts...paramount consideration 26. The court while deciding the child custody cases is not bound by the mere legal right of the parent or guardian...

...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 ...and circumstances of each case.35. Keeping in mind the paramount consideration of the welfare of the children, we are not inclined to disturb...

...." 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 ...

...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 ...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 ...

...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 ...:1. In deciding the question of custody of the minor, the Court should be guided only by the consideration of the welfare ...

.... 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 ...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...

... 5 W.P.(C) No.28784 of 2019 Page 6 of 6 of the child is considered on a different pedestal ...right of the child, the paramount consideration is the welfare of the child and if the welfare of the child so demands, the ... W.P.(C) No.28784 of 2019 Page 4 of 6 same is in the paramount interest of the child, who has right...

..., upon hearing us, he started crying and whining and, showed reluctance to go with the mother. Watching his reaction, we dropped the proposal. Under these circumstances and bearing in mind the paramount ...upbringing of a minor is in question, the court, in deciding that question, must regard the welfare of the minor as the first and paramount consideration, and must not t... 1 0 should be committed, the first and the paramount consideration is the welfare ...

...with other persons and the said fact was also established by cogent evidence, however, the learned Family Judge did not take the same into consideration. The learned advocate for the petitioner su...Ashokkumar C. Joshi, J.:— Rule. 2. This petition under Articles 226/227 of the Constitution of India is filed by the petitioner - original...applicant against an order dated 22.10.2021 passed below application Exh. 21 in Criminal Misc. Application No. 68 of 2019 by the learned Judge, Family Court No. 2, Surat. By the said application, 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 ...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...

...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 c...the subject, it is clear that a decision regarding custody of the minor children has to be taken keeping in mind the welfare of the minor and that rights of the parties ...the minor. While determining the issue as regards the welfare of the minor, the Court has to take into account his/her ordinary comfort, physical and mental development, education and gen...

...welfare of the child is the primary and paramount consideration in custody matters. It was held that a child of tender years needs the love, affection, company, and protection ...custody of the child concerned, the question can and shall be decided solely by looking into the question as to, 'what would be the best interest of the child concerned. ...of minors and to ensure they can maintain relationships with both parents, not merely to protect parental rights. The court emphasized that the child's well-being and welfare must take precedence over...

...decline to exercise jurisdiction under Article 226 of the Constitution of India if the High Court is of the view that at the stage at which the habeas corpus was sought, it will ...:- Is the best interest and welfare of the minor child be served in the custody of the petitioner or unofficial respondents? ...provisions. He seeks to allow the writ petition by citing decisions, which highlight that the interest and welfare of the minor, are of paramount importance. ...

...looking into the question as to, 'what would be the best interest of the child concerned. 6. The precedents above emphasize that in matters of child custody, ...Sahu1, the Apex Court emphasized that the welfare of the child is the primary and paramount consideration in custody matters. Techni...to protect parental rights. The court emphasized that the child's well-being and welfare must take precedence over the individual rights of the parents. In Rohith...