came to the natural father. All this could have
been avoided, if the father had the share in the custody of the child.
Then ... respect of custody of minor girl, after having obtained the custody of a
minor girl child, father did not appear to have neglected the minor
over the custody of minor child, the petitioner no.1 to her from the custody of opposite party no.3, the father, in para ... paramount right for the custody of child and he cannot be deprived of the custody of minor child, his custody is not unlawful or conducive
disturb the custody of Master Satyajeet and, therefore, the order of the High Court giving his exclusive custody to the father with visitation rights ... custody of its guardian and retained in the custody of the person against whom the application is made, the father has, therefore, a paramount right
guardian is the father of the child. It was observed that
the burden of proof to deny the natural father the custody of his
ward ... father‟s
right to custody.
47. Manchala Rushikesh (supra), is a case seeking custody
by the natural guardian, father. The learned trial court without
giving
custody over the
minor son was unlawful, and his custody would
therefore have to be returned to the mother.
b) On facts, the father ... father, it is not open for the father to
contend before this Court that he was entitled to have
custody of the child exclusively
entitled to its custody and refusal to restore the
custody of the child to the mother would result in illegal custody of
the child ... respondent visited Pune to seek custody of the child.
But when they refused to hand over the custody, the father was
constrained to file
secured in
the custody of respondent. Accordingly it
passed an order that custody of Antariksh be
`immediately' given to the father.
High Court ... therefore,
immediately removed from the custody
of OPs (Maternal grand-parents) to the
custody of the petitioner (father)".
(emphasis supplied)
68. The appellants herein
learned Counsel for the respondent-father has submitted that at the house of the father of the child father's sister is a frequent ... learned Counsel for the respondent-father that at the father's house, apart from the father and the grandfather there are a good number
handed over to the father mainly on the basis of the father's right to his child's custody. Against that, the maternal ... custody of its guardian and retained in the custody of the person against whom the application is made ........, the father has, therefore, a paramount right
father also submitted that there are decisions which would go to show that the father's right of custody should be interfered with ... father is not unfit to be the guardian, what is the power the court can exercise in depriving such a father the custody
