Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Case Name: Sharli Sunitha v. D. Balson
Case Number: C.M.A. No.240 of 1998
Court: Madras High Court
Judge: The Honourable Mr. Justice V. Dhanapalan
Judgment Date: 20 November, 2006
Citation: 2007 1 MLJ 56; AIR 2007 (NOC) 537 (MAD.); 2007 (2) AJHAR (NOC) 672 (MAD.); 2007 (3) AKAR (NOC) 239 (MAD.)
Abstract
This landmark judgment by the Madras High Court challenges the traditional presumption that mothers are inherently better custodians for minor children. The case of Sharli Sunitha vs D. Balson represents a paradigm shift in Indian family law, establishing that child custody decisions must be based on comprehensive welfare analysis rather than gender-based assumptions. The court's decision to grant custody of a minor daughter to her father, despite the mother's claims, demonstrates the judiciary's evolving approach toward gender-neutral custody determinations.
The judgment establishes crucial precedents regarding the evaluation of parental fitness, financial stability, emotional support systems, and the paramount consideration of the child's best interests. This case significantly contributes to the jurisprudence on custody matters under the Guardians and Wards Act, 1890, and reinforces that neither parent has an inherent right to custody based solely on gender.
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509
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