Law: Guardians and Wards Act, 1890

Section: 17,25

Guardians and Wards Act (VIII of 1890)--- ----Ss. 25 & 17---Custody of minor---Welfare of minor---Prime consideration to decide custody of minor was his/her betterment not the wishes of contesting parties---Father of minors, in the present case, had contracted second marriage and his second wife had two daughters from her earlier husband---Mother of minors had not contracted second marriage---Minors were living with their father-petitioner since desertion of spouses but mother-respondent had made efforts for their custody---Mother had natural love and affection for her children and a daughter required her company and association for preparing her to shoulder responsibilities in future---Mother had preferential rights of custody of minor children over father till she remarried---Mother would not be entitled for custody of minor if she was not a lady of good character or atmosphere of her house was unfair for the welfare of minor---Mother could not be deprived of the custody of minors mere on the allegation of opposite party that the atmosphere of her house was not good---Respondent-mother was a lady of good character---Father was a natural guardian of his minor children but Court had to satisfy while appointing father as a guardian that welfare of minor was with him---Minors, in the present case, were living with aunt who could not be preferred over real mother while deciding their custody---Petitioner-father was a careless person and in his absence minors would be at the mercy of their step-mother---Good treatment towards minors could not be expected from a step-mother---Welfare of minors in the present case was with their mother, in circumstances---Father could be deprived of the custody of minor where he did not have means to maintain and provide the healthy bringing up to his children or he deliberately omitted to meet his obligation or his character was dubious and he was involved in unlawful activities and had remarried---Mother was appointed as guardian of minors by the High Court subject to furnishing surety bonds for each minor in the terms that she would be responsible to the welfare of minors and would produce them whenever they were summoned by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492