Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]
5 years, 6 months ago

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has said that "Parents rather than the grand parents are the best guardians of a minor child." A division bench of Justice B V Nagarathna and Justice K Natarajan in their order of July 3, said "Howsoever affectionate the maternal grand-parents may be and they may take every care to bring up the child, the same cannot be a substitute for the father, bringing up the daughter." The bench added "We are not disregarding the right of maternal grand-parents to have company of the minor child but in our view the parents rather than the grand-parents are the best guardians of a minor child, particularly when there is no reason or impediment, legal or otherwise, coming in the way of handing over of permanent custody of child to her father. The bench after going through the facts of the case said "The void created by the death of the mother of the child, though is an important factor in the mind of the maternal grand-parents, who seem to fulfill that void by bringing up the child, this court at the same time must also take into consideration that void on account of the death of biological mother, would be erased by child having a mother in the form of a second wife of the father.

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History of this topic

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms
4 days, 23 hours ago

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

Live Law  

The Telangana high court on Wednesday reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137 of the BNS. Relying on an order passed by the Bombay High court in a …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
2 months ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
4 months, 3 weeks ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC
5 months, 1 week ago

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC

Live Law  

The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him. In the absence of any prohibition of the order of the competent Court, the petitioner-father cannot be booked for taking away his …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 4 weeks ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court
7 months, 4 weeks ago

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

Live Law  

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides. A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial …

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
11 months, 2 weeks ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year, 1 month ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 2 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court
1 year, 3 months ago

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

Live Law  

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. In the custody matters, welfare of the minor child is the paramount consideration.” The petitioner-mother submitted that she married the respondent in 2014 and …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 3 months ago

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC

Live Law  

Observing that a child is the worst victim where there is acrimonious relationship between the parents, the Delhi High Court has said that a minor’s age and the surrounding circumstances of the period of separation from a parent are relevant while considering his or her 'intelligent preference'. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna …

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 7 months ago

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proceeding in relation to the guardianship of a person or the custody of or access to any minor has to be filed before Family court and it cannot be filed before a district court or any subordinate civil court. The very proviso of Section 8 is very clear that no …

Mother's Illicit Affair; Custody of Minor Child Given to Father
1 year, 11 months ago

Mother's Illicit Affair; Custody of Minor Child Given to Father

News 18  

The High Court of Karnataka has upheld a Family Court order giving the custody rights of a minor child to the father. The High Court in its judgment noted that she “has given more importance to the illicit relationship of hers and has neglected the child.” After leaving the matrimonial house with the child, the woman had left the minor …

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father
1 year, 11 months ago

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Live Law  

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child. A division bench of Justice Alok Aradhe and Justice S Vishwajith …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Madhya Pradesh High Court Affirms Family Court's Order Granting Motherless Minor's Custody To Father Over Maternal Grandparents
2 years, 1 month ago

Madhya Pradesh High Court Affirms Family Court's Order Granting Motherless Minor's Custody To Father Over Maternal Grandparents

Live Law  

The Madhya Pradesh High Court recently affirmed an order of the family court granting the custody of a motherless minor child to his father over his maternal grandparents. With this, the HC dismissed an appeal preferred by the maternal grandparents against the family court's order.Testing the case on the anvil of the welfare of the minor and the comparative resources …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 5 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 6 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 6 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

Income, Age, Bigger Family Cannot Be Sole Criteria In Child- Custody Matters : Supreme Court
2 years, 7 months ago

Income, Age, Bigger Family Cannot Be Sole Criteria In Child- Custody Matters : Supreme Court

Live Law  

The Supreme Court observed that income, age, bigger family cannot be the sole criteria to tilt balance in child- custody cases.The bench comprising Justices MR Shah and Aniruddha Bose observed thus while it granted custody of five year boy who lost his parents due to covid to his paternal grandfather.In this case, the paternal grandfather of the boy had approached …

Consider child’s welfare not statute
5 years, 9 months ago

Consider child’s welfare not statute

Deccan Chronicle  

Hyderabad: The Telangana High Court has clarified that the custody of a child below the age of seven years need not be with the mother as prescribed in the statute. The High Court reiterated that child welfare will be given paramount consideration in giving custody to the suitable parent. A division bench of Justice Raghavendra Singh Chauhan and Justice T. …

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years ago

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]

Live Law  

While granting interim custody of a ten-year-old girl child to her father, the Karnataka High Court recently observed that it is not the "statutory rights of the parents" but the welfare of the child that needs to be given paramount consideration by courts while considering grant of custody. Justice B. Veerappa observed, "The provisions of Sections 7,9,12, 13, 17 and …

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