CHILD CUSTODY: A CASE STUDY ON SMT. SURINDER KAUR SANDHU V. HARBAX SINGH SANDHU


Article PDF :

Veiw Full Text PDF

Article type :

Case report

Author :

KHUSHI GOYAL

Volume :

1

Issue :

2

Abstract :

One of the most stressful aspects of getting divorced or separated is dealing with child custody and visitation. Child custody arrangements will be determined by the court of jurisdiction for the divorce proceedings. If the parents have children while married, they share joint guardianship of the kid and have equal rights. When they divorce, they have an equal entitlement to custody. If the parents cannot agree on custody, the court must assist in determining what is best for the kid. A psychological assessment of one or both parents may be ordered by the court in some instances. This is commonly referred to as a parenthood analysis, which is a formal inquiry into each parent's parenting abilities and which parent is perfectly suited to take care of the child. Only two of the 83 child custody cases that went to court in a year were awarded to the father, according to an RTI response; 50% overnight vacation is provided to only one parent. The Supreme Court rules that "the welfare and interest of the child, not the rights of the parents, is the first and foremost priority." Despite popular belief that the mother is the child's natural guardian, the court/law will always follow the best interest concept. The Karnataka High Court ruled that it is "the most natural thing for a child to grow up in the company of their mother" and that "even in nature, a youngster gets the best protection and education exclusively through the mother." Chethana Ramatheertha, a divorced mother, married famous cricketer Anil Kumble in this case. The mother was granted custody of the child because she could offer a joyful atmosphere, stability, and well-being for the youngster. The research goal in this paper is to demonstrate custody and guardianship relating it with the case study of smt. Surinder kaur sandhu v. harbax singh sandhu.

Keyword :

Child, Custody, Welfare, Guardianship, Divorce.
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