Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Mere second marriage by man post losing wife can’t stop him from being kid’s natural guardian: Delhi HC

IANS
Updated: September 4th, 2023, 13:22 IST
in National
0
Delhi High Court

Photo courtesy: indiatv.com

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Delhi High Court has observed that simply entering into a second marriage by a father, following the loss of his first wife, should not automatically disqualify him from being a natural guardian of his child.

A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna was hearing an appeal by the maternal grandparents of a minor boy who sought to be appointed as his guardian and gain permanent custody.

Also Read

Pic- X/Mohan Charan Majhi

Odisha CM visits ‘Statue of Equality’ in Hyderabad

8 hours ago

WhatsApp ‘hijack’ explained: Know how ‘GhostPairing’ can take over your account

11 hours ago

A trial court had dismissed their petition before they moved to the high court.

“Mere second marriage of the father in the circumstances when he has lost his first wife, cannot be held per-se a disqualification from his continuing to be a natural guardian,” the court observed.

The victim’s grandparents alleged that she was killed by her husband due to dowry demand and harassment in 2010, seven years after their marriage.

The husband and his family were acquitted in 2012 in a criminal case filed by the grandparents, who claimed that the child was placed in their care after the father went into hiding.

It is their case that the child has always been under their custody, and it was only after the husband’s acquittal that he sought to regain custody.

They also said that the father had remarried and had a child from his second marriage, making him incapable of taking custody of the minor.

The court dismissed the appeal stating that there were no other factors on record to disqualify the husband apart from the criminal trial.

It also said that the differences in financial status should not be a relevant factor for denying custody of a child to a natural parent.

The court said: “Even the disparity in the financial status cannot be a relevant factor for denying the custody of a child to the natural parent.

“However, in the matters of Guardianship and Custody, we are confronted with the dilemma where the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child points otherwise. It may not be in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 11/2 years.”

The court stressed that the affection of a natural parent has no substitute, even though maternal grandparents may have a deep love for the child.

Hence, the court granted limited visitation rights to the father, allowing him to meet the child on specified Saturdays, with the possibility of adjusting visitation timings to suit both parties’ needs.

IANS

Tags: Delhi High CourtNatural guardiansecond marriage
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Tapaswini Mallick

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Sitakanta Mohanty

December 12, 2019
#MyPaperBagChallenge

Diptiranjan Biswal

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019

Archives

Editorial

Strategic Recalibration

December 20, 2025

By Dilip Cherian When India quietly decided to send Rahul Rasgotra to Port Louis as National Security Advisor (NSA), it...

Read moreDetails

G Ram G

December 17, 2025

The BJP-led NDA government’s proposed change in the nomenclature of the Centre’s flagship social welfare scheme for the poor, the...

Read moreDetails

Jail Diary

December 16, 2025

It is not a bad idea, it appears, if top-notch politicians get incarcerated, at least for some days, so as...

Read moreDetails

Left Out

Left Out
December 15, 2025

The United States on 11 December unveiled a new strategic initiative ‘Pax Silica’ aimed at building a secure and trusted...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST