Custody of Minor Child -- Substantial Prayer for Interim Custody -- Must Be Decided Before Alternative Prayer
(i) Guardians and Wards Act, 1890, S.12 -- Custody of Minor Child -- Substantial Prayer for Interim Custody -- Where an application contains a substantive prayer for temporary custody and an alternative prayer for visitation rights, the court must first address and reject the substantive prayer by assigning cogent reasons before proceeding to consider the alternative relief. Proceeding directly to the alternative prayer without deciding the principal prayer amounts to non-application of mind. (ii) Guardians and Wards Act, 1890, S.12 -- Custody of Minor Child -- Welfare of Child as Paramount Consideration -- Custody disputes cannot be decided on a purely legalistic basis or by reference to the competing rights of parents. The decisive consideration is the welfare of the child, which encompasses ordinary contentment, health, education, intellectual development and overall well-being, and must be assessed having regard to the child's emotional attachment to each parent.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
