Child Custody Cases After The Divorce Between The Parties

Now a day the dispute relating to matrimonial affairs are increasing. We are witnessing number of cases pertaining to divorce in last ten years. In our society percentage of divorce is rising day by day. Now question arises, what will happen to the kids after divorce? Whom custody of child be given?Who is the competent guardian Mother or father? Who should be given child custody? These questions are very crucial and important while adjudicating the cases related to child custody.

The court has to invoke parent’spatriae jurisdiction to decide the custody of child. It means that the court has to see paramount welfare of the child. Lawyers for Child Custodyhave to assert to Family Court that interest and well-being of child is very important rather than rights of party under law. Divorce lawyer has to keep in mind that welfare of minor child is having weightage over the right of the parties.

Time and again Apex Court reiterated that whenever welfare of child is at peril, it requires interference  practice of changing custody from mother to father and from father to mother must be discouraged, because child may experience trauma in event of frequent custody of change.The Hon’ble Apex court in various landmark judgments has also observed “that children neither are not mere chattels nor are they toys for their parents .Absolute rights of parents over the destinies and the lives of their children has, in the modern changed social conditions must yield to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother abd the father ,is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.”

Laws are very clear on this aspect, paramount consideration of child must be reckoned before deciding the child custody cases. Our Legislation has provided relevant Act, Such as Guardianship and Ward Act but the welfare of child is having overriding effect over existing laws.

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