{"id":720,"date":"2020-04-23T10:29:50","date_gmt":"2020-04-23T10:29:50","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=720"},"modified":"2021-01-07T05:37:42","modified_gmt":"2021-01-07T05:37:42","slug":"paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/","title":{"rendered":"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence."},"content":{"rendered":"\n<p><strong> Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 <\/strong><\/p>\n\n\n\n<p><strong>DSG v. AKG., Special Leave Petition (C.) No. 25098\/2019<\/strong><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>FACTS\nOF THE CASE<\/strong><\/h4>\n\n\n\n<ol><li>The\npresent petitioner-mother and respondent-father had marital discord, in\nreference to which the Guardianship Petition was filed by the respondent in\nFamily Court, Tis Hazari, New Delhi for seeking the custody of her Minor\nDaughter, Aged 12 Years, Born on 21.08.2007 and presently studying in Class VII\nof Holy Child Senior Secondary School, New Delhi. <\/li><li>The\nground taken up by the respondent in the original suit was in respect that the\npetitioner mother was suffering with \u2018PARANOID SCHIZOPHRENIA\u2019 and also treated\nthe child with cruelty and prevent him from meeting her minor daughter. <\/li><li>The\npetitioner resisted the same and made serious allegations in respect of the\nrespondent-father stating that he molested the minor and also levelled serious\nallegations of sexual abuse against him, which made it unsafe for the child to be\nhanded over her custody to the respondent, in respect of which the electronic\nand documentary evidence was leaded. <\/li><li>On\nthe basis of the report submitted by 3 counsellors after meeting and\ninteracting with the child, namely Mr. Sunil Sachdeva, Ms. Himali Anand and Dr.\nUzma Perveen unanimously and concurrently observed that the mother was\nseriously suffering with the lethal disease of SCHIZOPHRENIA and non-treatment\nof the same will make the child vulnerable &#038; will have a lasting\npsychological impact of the child. Furthermore, child categorically expressed\nher desire to live with the respondent and refuted all the allegations of the molestation\nand sexual abuse. Moreover, the reports showcased that the child seems to be\nhappy in presence of father and in lieu of the same, the Family Court, Tis\nHazari vide order dated 28.07.2018 and 16.11.2018, gave the interim custody to\nthe respondent father. <\/li><li>The\nPetitioner challenged the aforementioned orders before the Hon\u2019ble Delhi High\nCourt, where by its order dated 26.03.2019 upheld the interim custody decision\nof the learned family court. <\/li><\/ol>\n\n\n\n<p><em>Aggrieved\nby the High Court\u2019s order dated 26.03.2019, the present SLP is preferred before\nthe Hon\u2019ble Supreme Court of India. <\/em><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>ISSUES\nRAISED<\/strong><\/h4>\n\n\n\n<ol><li>Whether\nit is necessary to decide the custody of the child by giving primary importance\nto statutory rules, procedure or precedent? <\/li><li>What\nweightage shall be given to the testimony of the child, who is capable of\nrendering and making prudent &#038; reasonable understanding about his\/her\nwelfare and well-being?<\/li><\/ol>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/h4>\n\n\n\n<p>After\nanalysing the reports of the 3 counsellors set up by the Family Court and\nhaving private interaction with the petitioner, respondent and child. The court\nis of the considerate view that:<\/p>\n\n\n\n<ol><li>Minor\n\u00a0 girl \u00a0 is \u00a0 certainly \u00a0 capable \u00a0 of \u00a0 forming\n\u00a0 an \u00a0 intelligent preference\u00a0regarding\u00a0her\u00a0custody. <\/li><li>Unequivocal\nabout her desire, the minor would like to reside with her father and she also\nstated\u00a0that she received love and affection from her father, who was\ntaking care of her\u00a0food,\u00a0education,\u00a0and\u00a0would\u00a0assist\u00a0her\u00a0in\u00a0her\u00a0school\nprojects\u00a0and\u00a0activities.<\/li><li>Reliance\nwas placed on the leading case of <em>Nil Ratan Kundu &#038; Anr. v. Abhijit\nKundu, <\/em>quoting the following ratio and thus providing custody to the\nrespondent and upholding the impugned order of High Court which upheld the\ndecision of the Family Court:<\/li><\/ol>\n\n\n\n<p>\u2018While\nexercising the <em>parens patriae jurisdiction<\/em>, the Court is required to\ngive due weight to the ordinary comfort of the child, contentment,\nintellectual, moral and physical development, health, education and\ngeneral\u00a0maintenance,\u00a0and\u00a0the\u00a0favourable\u00a0surroundings.\nThe Court os not bound either by statutes, nor by strict rules of evidence, nor\nprocedure or precedent. In deciding the issue of custody, the paramount\nconsideration should be the welfare and well-being of the child.\u2019 <\/p>\n\n\n\n<p><em>Thus,\nthe Family Court\u2019s order dated 03.05.2019 was affirmed by which the interim\ncustody was given to the respondent and this order would guide the visitation\nrights of the Petitioner. The SLP thereby stands disposed of. <\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 DSG v. AKG., Special Leave Petition (C.) No. 25098\/2019 FACTS OF THE CASE The present petitioner-mother and respondent-father had marital discord, in reference to which the Guardianship Petition was filed by the respondent in Family Court, Tis Hazari, New Delhi for seeking the [&hellip;]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence. - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence. - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 DSG v. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence. - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/","og_locale":"en_US","og_type":"article","og_title":"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence. - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 DSG v. 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No. 25098\/2019 FACTS OF THE CASE The present petitioner-mother and respondent-father had marital discord, in reference to which the Guardianship Petition was filed by the respondent in Family Court, Tis Hazari, New Delhi for seeking the [&hellip;]","og_url":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:50+00:00","article_modified_time":"2021-01-07T05:37:42+00:00","og_image":[{"width":560,"height":315,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1","type":"image\/png"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence.","datePublished":"2020-04-23T10:29:50+00:00","dateModified":"2021-01-07T05:37:42+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/"},"wordCount":658,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["Supreme Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/","url":"https:\/\/lexforti.com\/legal-news\/paramount-consideration-in-case-of-custody-of-child-is-childs-welfare-and-well-being-disregarding-statutory-provisions-and-strict-rules-of-evidence-2\/","name":"Paramount consideration in case of custody of Child is Child\u2019s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence. - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":88,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/720"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=720"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/720\/revisions"}],"predecessor-version":[{"id":6981,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/720\/revisions\/6981"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}