https://youtu.be/ZlA2XEuWYlo?si=zO2t5PPgXmC6_coW MADRAS HIGH COURT UPHOLDS THE CUSTODY OF DAUGHTER AGED 8 YRS GRANTED BY THE FAMILY COURT SALEM TO HER MOTHER . JUDGEMENT PASSED BY HONBLE JUSTICE R SUBRAMANIAN AND JUSTICE NAGARJUN CMA FILED AGAINST THE INTERIM CUSTODY OF DAUGHTER GRANTED TO HER MOTHER IN THE FAMILY COURT, APPEAL DISMISSED WITH A DIRECTION TO APPELLANT HUSBAND TO HAND OVER THE DAUGHTER TO RESPONDENT /MOTHER AT SALEM WITHIN 4 WEEKS . CHILD WITH PATERNAL GRAND PARENTS AT MUMBAI. adv Mrs Raj Genevive Veena for Respondent. Judgement date 13/10/23

[10/27, 18:36] sekarreporter1: MADRAS HIGH COURT UPHOLDS THE CUSTODY OF DAUGHTER AGED 8 YRS GRANTED BY THE FAMILY COURT SALEM TO HER MOTHER .
JUDGEMENT PASSED BY HONBLE JUSTICE R SUBRAMANIAN AND JUSTICE NAGARJUN
CMA FILED AGAINST THE INTERIM CUSTODY OF DAUGHTER GRANTED TO HER MOTHER IN THE FAMILY COURT, APPEAL DISMISSED WITH A DIRECTION TO APPELLANT HUSBAND TO HAND OVER THE DAUGHTER TO RESPONDENT /MOTHER AT SALEM WITHIN 4 WEEKS .
CHILD WITH PATERNAL GRAND PARENTS AT MUMBAI.
adv Mrs Raj Genevive Veena for Respondent.
Judgement date 13/10/23

Daughter is 8 years, Moreover father left the daughter with his parents and was in USA and so in the interest and welfare of the child the father has to handover child to mother in 4 weeks .

Admittedly, the parties are tamil speaking christians and the
child was left in Maharastra in the custody of the grand parents, where the
local language is either Hindi or Marathi. The Child was born at Salem.
When she came to Mumbai, she was only four years old and she was
exposed to these cultural diferences that too, in the absence of mother in
Maharastra.
The Hon’ble Supreme Court has again and again reiterated that
it is the welfare of the child, which should be a paramount consideration in
proceedings of this nature. In Kumar V.Jahgirdar Vs. Chethana
Ramatheertha reported in (2004) 2 SCC 688, the Hon’ble Supreme Court
had held as follows;-
“The mother always can claim superior right to
retain the custody of the child. The High Court has taken into
consideration all other relevant facts and circumstances to
come to the conclusion that a female child of growing age
needs company more of her mother compared to the father and
remarriage of the mother is not a disqualification for it.”
5/8
[10/27, 18:36] sekarreporter1:

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