Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Guardian and Wards Act Child Custody |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Guardian and Wards Act, 1890 - Custody of minor female child - Mother of the child died at the time of her birth - Since then the child is staying with her maternal grandmother (appellant) - Father (respondent) seeking custody of the child - Both Family Court and High Court held in favour of the father- On appeal, held: Ordinarily, the natural guardian of the child has the right to custody of the child, but that right is not absolute - Welfare of child is the paramount consideration ...: On facts, the minor child is staying with appellant since birth which has resulted into a strong emotional bonding between the two - She is also studying in a reputed school - Appellant has taken proper care and attention in upbringing of the child and being a woman herself can very well understand the needs of the child - Appellant is also financially sound as she runs her own independent business - On the other hand, respondent has borrowed money from several persons and since he has a meager income, he may not be in a position to give comfortable living for the child - In spite of notices issued to him, he did not appear before Court personally or through counsel which shows his Jack of concern in the matter - Also in the meanwhile, he got married for the second time and has a child too from that marriage, and the minor child might have to be in care of the step mother, especially since the father being a businessman, has to be out of the house frequently on account of business - The child has remained with appellant for a long time and is growing up well in an atmosphere which is conducive to her growth - It may not be proper at this stage A for diverting the environment to which the child is used to - . Appellant allowed to retain custody of the child till she attains the age of majority. Dispute arose over custody of a minor female child between her father (respondent) and maternal grandmother (appellant). The mother of the child had died at the time of her birth and since then the child is staying with the appellant. Respondent filed application under the Guardian and Wards Act, 1890 asserting that he, being the father of the child, was her natural guardian and therefore entitled to her custody. The Family Court held in favour of respondent. On appeal, the High Court also held in favour of the respondent. Hence the present appeal. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2009 INSC 556 |
Petitioner | Smt. Anjali Kapoor |
Respondent | Rajiv Baijal |
SCR | [2009] 6 S.C.R. 560 |
Judgement Date | 2009-04-17 |
Case Number | 2628 |
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