Case Note & Summary
The case involves an appeal against an order of the District Judge, Darwha, directing the maternal grandfather (appellant no.1) to hand over custody of two minor children, aged 17 and 13 years, to their natural father (respondent). The marriage of the respondent with Ramakanta, daughter of appellant no.1, was performed in the year 2000. After the marriage, the couple resided together and had two children. However, due to marital discord, Ramakanta returned to her parental home with the children. Subsequently, Ramakanta died. The respondent filed a petition under Section 25 read with Section 7 of the Guardian and Wards Act, 1890, seeking custody of the children. The trial court allowed the petition and directed the maternal grandfather to hand over custody. The maternal grandfather appealed. The High Court considered the welfare of the children as paramount. The court noted that the children had expressed a strong desire to stay with the maternal grandfather and that the father had not shown sufficient interest in their welfare. The court also observed that the father had remarried and had not maintained contact with the children. The High Court allowed the appeal, setting aside the trial court's order and directing that the custody of the children remain with the maternal grandfather.
Headnote
A) Guardian and Wards Act - Custody of Minor - Welfare Principle - Section 25 read with Section 7 of Guardian and Wards Act, 1890 - The court considered whether the maternal grandfather or the natural father should have custody of two minor children aged 17 and 13 years. The trial court had directed the maternal grandfather to hand over custody to the father. On appeal, the High Court held that the welfare of the minor is the paramount consideration and that the father's right is not absolute. The court found that the children had expressed a strong desire to stay with the maternal grandfather and that the father had not shown sufficient interest in their welfare. The appeal was allowed, and the custody was directed to remain with the maternal grandfather. (Paras 1-10)
Issue of Consideration
Whether the maternal grandfather or the natural father should have custody of two minor children aged 17 and 13 years.
Final Decision
The appeal is allowed. The impugned judgment and order dated 03/06/2014 passed by District Judge-1, Darwha in M.J.C. No. 12/2010 is set aside. The custody of the minor children shall remain with the maternal grandfather (appellant no.1).
Law Points
- Welfare of minor is paramount consideration in custody disputes
- Father's right is not absolute
- Custody can be denied to father if it is not in child's best interest
- Section 25 of Guardian and Wards Act
- 1890
