...statutory purpose. In our opinion, the dominant consideration in making orders under Section 25 is the welfare of the minor children and in considering this question due regard has of course to be paid ...obligation in promoting the welfare of their children and in sharing the pleasure of their children's company. Both parents have, therefore, to cooperate ...welfare and not the rights of their parents. The eldest child Ajit alias Andrews, according to the learned Judge, was doing well at the school and was progressing satisfactorily ...

...opinion, the dominant consideration in making orders under s.25 is the welfare of the minor children and in considering this question due regard has of course to be paid to the right of t...due share of affection and care from both the parents in their normal parental home. Where, however, family dissolution due to some unavoidable circumstances becomes necessary the Court has ...resources, may be in a position to guarantee better health, education and maintenance for them. The children are not mere chattels; nor are they mere play- things for their parents. Absolute right ...

...Supreme Court in Rosy Jacob v. Jacob A. Chakramakkal. (3) has held that there is a presumption that a minor's parents would do their very ..., like a wise father, should very carefully and anxiously weigh the various considerations and decide each application on the facts and cir cumstances of that case, so to as promote the ...not be in the interest of the minor girl to transfer her custody to the father, but looking to the other circumstances the court was of opinion that it would be in the ...

....15. In considering the question of the welfare of the minors due regard has of course to be paid to the right of the father to be the guardian and also ...their mother and other relatives.19. In view of the above, in my opinion, it may not be expedient to grant the interim prayer of the petitioner. I do not find ...not be allowed to deprive the guardian, the necessary assistance from the Court in effectively discharging his duties and obligations towards his ward so as to promote Che latter's ...

...statutory purpose. In our opinion, the dominant consideration in making orders under Section 25 is the welfare of the minor children and in considering this question due regard has of course to be paid ...would not be possible for them to reside with their father and expect and express any love and affection. Thus, even if the custody of the children is handed ov...fully understand their welfare and further adapt to and accept the love, affection and care, provided by their father. In view of the above, we do not find ...

...serve as binding precedents, the facts of two cases in this respect being seldom-if ever - identical.In considering the question of the welfare of the minors due regard has of cour...matter of fact, such a question is to be decided on the facts and circumstances of the case. Merely because the mother was not having any source of income of her own per...her parents were providing for the food and expenditure of the two minor children living with her. Both the children are school going meaning thereby that their education is not suffering even if ...

...determining the question of the minor's custody. It was further held that the Court must assess the Intelligent welfare of the minor. 18. Reliance has further been placed on the decision in the case ...during the lifetime of the father if necessary, he can be replaced by the mother or any other suitable person by an order of the Court, where to do so would be in the ...:- "While both the parents are duty bound to take care of the person and property of their minor child and act in the best ...

...above:“In our opinion, the dominant consideration in making orders under S.25 is the welfare of the minor children and in considering this question due regard has of course to be paid ...other Act controlling consideration was the welfare of the child and not the right of their parents. He has also placed strong reliance on Mohammad Shafi v. Shamin Banoo3.... No. 101 of 2010 filed by the petitioners will have to be heard and disposed of by the Family Court after recording evidence, if any, that the parties would lead. The observations ...

...opinion the dominant consideration in making orders under Section 25 is the welfare of the minor children and in considering this question due regard has of course to be paid to the right ...conscience must be satisfied that his welfare lies in an order for custody being passed in favour of one of the two parents, and, in doing so, one of the valid and germane considerations ...mother-for the focus of anxiety and concern of the Court would be the welfare of the child which would overshadow all other considerations. Even if that consideration demands the...

...above:“In our opinion, the dominant consideration in making orders under S.25 is the welfare of the minor children and in considering this question due regard has of course to be paid ...other Act controlling consideration was the welfare of the child and not the right of their parents. He has also placed strong reliance on Mohammad Shafi v. Shamin Banoo3.... No. 101 of 2010 filed by the petitioners will have to be heard and disposed of by the Family Court after recording evidence, if any, that the parties would lead. The observations ...

...bearing on CM(M) 1606/2019 Page 8 the minor's welfare. There is a presumption that a minor's parents would do their very best to promote their ...because the father loves his children and is not shown to be otherwise undesirable does not necessarily lead to the conclusion that the welfare of the children would be better pr..., care and warmth, physical presences in sufficient amount of both the parents to have actual impact of such attributes in their lives. The kids by the action of the respondent in ...

...consideration in making orders under Section 25 is the welfare of the minor children and in considering this question due regard has of course to be paid to the right of the further ...for mother to be given the custody of the minor it was not necessary that the mother should be already in the custody of the minor, if it would be in the interest of the...respondent in their affidavits in support of and in opposition to the application I.A No. 1152 of 1994 for delivery of custody of the minor Umair to the petitioner. It is ...

...misleading. It does not take full notice of the real core of the statutory purpose. In our opinion, the dominant consideration in making orders under section 25 is the welfare of the minor children ...welfare of the child and not the legal rights of either of the parties. The Court, therefore, should examine what is in the best interest of the child, whether her ...hostile to the appellant father. Though at this stage we find it necessary, in the interest and for the welfare of Anisha, to continue her custody with her mother the Court would...

...the real core of the statutory purpose. In our opinion, the dominant consideration in making orders under Section 25 is the welfare of the minor children and ...assistance from the Court in effectively discharging his duties and obligations towards his ward so as to promote the latter's welfare. If the Court under the Divorce Act cannot make any order wit...his minor children, then, the question of their welfare does not at all arise is to state the proposition a bit too broadly and may at times be somewhat misleading. It does not take full ...

...statutory purpose. In our opinion, the dominant consideration in making orders under section 25 is the welfare of the minor children and in considering this question due regard has of course to be paid ...promote the latter's welfare. If the Court under the Divorce Act cannot make any order with respect to the custody of Ajit alias Andrew and Maya alias Mary and it is not...children can be in the joint custody of both parents. I say that in the interest and welfare of the children I even withdrew my divorce petition and this Hon'ble Court has passed an order...

...occasion to consider the issue of custody between mother and father. Following observations were made by the Apex Court:- "... There is a presumption that a minor's parents would ...custody of minor was passed. It was further submitted that the view of changed circumstances, as above, it would not be in the interest and welfare of minor that she should remai...21:-"21. It is no doubt true that orders relating to custody of children are by their very nature not final, but are interlocutory in nature and subject to modification a...

...considering the question of the welfare of the minors due regard has of course to be paid to the right of the father to be the guardian and also to all other re...mother would lose the love and affection for her children through the first husband. The evidence of P.Ws 1 and 2 do not disclose any incidents to show that the respondent is ...convinced that child's interest and welfare will be best served if he continues to be in the custody of the father. In our opinion, for the present, it is not desirable ...

...also to all other relevant factors having a bearing on the minor's welfare. There is a presumption that a minor's parents would do their very best to ...his child. We are of the opinion that the welfare of the child, in the facts and circumstances of this case, would be best served if custody is given to th...the children is the welfare of the children concerned and not the right of their parents". It was not disputed that under the Indian Divorce Act this is the ...

...welfare of the minors due regard has of course to be paid to the right of the father to be the guardian and also to all other relevant factors having a bearing on the mi...of the children. The petitioner having not taken any steps at any point of time is claiming custody of the wards with a view to swallow the money invested in the welfare ...Judge that the petitioner has not evinced any interest is based on surmises and conjectures and in fact the evidence adduced by the petitioner Exs.A1 to A40 would show that he showed ...

...precedents, the facts of two cases in this respect being seldom - if ever identical. In considering the question of the welfare of the minors due regard has of course to be paid ...evidence adduced by the petitioner exs. A - 1 to a - 40 would show that he showed interest for the welfare of the children and he is not unfit to be the guardian of the ...to be considered, determined and weighed predominantly in terms of the welfare of his minor children in the context of all the relevant circumstances. If the custody of the fathe...