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Child’s right to ‘conducive atmosphere’ outweighs cruelty claims, says Calcutta High Court, quashes case against husband

The Indian Express·Richa Sahay·27 days ago
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The Calcutta High Court recently quashed criminal proceedings against a man and his mother, holding that allegations of cruelty cannot be sustained where the dispute is rooted in child custody and the welfare of the child assumes “paramount importance”. Emphasising that a child’s right to grow in a safe and “conducive environment” must take precedence, Justice Apurba Sinha Ray noted that the minor in the present case was unwilling to stay with his mother, making the matter fundamentally different from ordinary cruelty claims. “The welfare and well-being of the child is of paramount interest not only for his parents but also for the judicial institutions which are duty-bound to protect the interest and welfare of a child. Accordingly, I have found that there are certain reasonable basis for removing the child from the custody of the Opposite party no. 2 (wife) and as such, such action on the part of the petitioner no.…

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