Karnataka high court allows Canada-born minor girl to stay with her father
TNN | Jan 16, 2019, 06.35 AM IST
BENGALURU: Considering the consistent stand taken by a Canada-born Indian girl aged over 10, the high court has handed her custody to her father, an IT professional residing in Bengaluru.
Justice B Veerappa noted that the girl is capable of understanding about her welfare and had submitted both before the family court as well as the Karnataka high court that she would stay with her father.
Noting that the Guardian and Wards Act and the Hindu Minority and Guardianship Act make it clear that the paramount consideration is the minor child’s welfare and not statutory rights of parents, the judge said: “This court hopes that both the petitioner-father and the respondent-mother being highly educated and with a modern outlook would maintain cordial relations, conduct themselves decently and extend cooperation for the child.”
He said the problem has to be solved with a human touch. “In selecting a guardian, the court exercises parens patriae jurisdiction. It must give due weightage to the child’s ordinary comfort, contentment, health, education, intellectual development and favourable surroundings as well as physical comfort and moral values,” he added.
TNN | Jan 16, 2019, 06.35 AM IST
BENGALURU: Considering the consistent stand taken by a Canada-born Indian girl aged over 10, the high court has handed her custody to her father, an IT professional residing in Bengaluru.
Justice B Veerappa noted that the girl is capable of understanding about her welfare and had submitted both before the family court as well as the Karnataka high court that she would stay with her father.
Noting that the Guardian and Wards Act and the Hindu Minority and Guardianship Act make it clear that the paramount consideration is the minor child’s welfare and not statutory rights of parents, the judge said: “This court hopes that both the petitioner-father and the respondent-mother being highly educated and with a modern outlook would maintain cordial relations, conduct themselves decently and extend cooperation for the child.”
He said the problem has to be solved with a human touch. “In selecting a guardian, the court exercises parens patriae jurisdiction. It must give due weightage to the child’s ordinary comfort, contentment, health, education, intellectual development and favourable surroundings as well as physical comfort and moral values,” he added.
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