Whether court can grant custody of child to father if mother is proceeded exparte in guardian and ward Act proceeding?
the welfare of the children. In my opinion, it was the duty of the District
Judge to cause appearance of the childAryan before the Court and hold
interview of the child incamera to know view of the child supposedly
with sufficient understanding. Had the District Judge held interview
with the child, I think, he would have known several things which have
come to the surface due to the ex parte judgment. There is a failure to
find out whether the welfare of the children could be found out at the
present place of residence of the wife. It is difficult to understand as to
how the learned District Judge could record a finding in para 10 that
merely because the written statement was not filed and the husband was
not crossexamined, he has no reason to disbelieve the allegations of the
respondenthusband It is not possible for me to agree with such kind of
approach since in a case under the Guardian and Wards Act, the District
Judge was bound to make thorough enquiry, keeping in mind that the
paramount consideration is welfare of the children. In my opinion, there
is a failure on the part of learned District Judge in adverting to the above
aspects.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
Appeal From Order No.100/2013
Smt. Kiran Amol Ambhore,
...V E R S U S...
Amol Ramdas Ambhore,
CORAM: A. B. CHAUDHARI, J.
DATED : 04.04.2014
Citation; 2015(7) ALLMR264
https://www.lawweb.in/2016/04/whether-court-can-grant-custody-of.html
