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Gaurav Nagpal V. Sumedha Nagpal (2008)

Definition

Supreme Court of India decision affirming that the welfare of the minor is the first and paramount consideration in custody proceedings, overriding the technical legal rights of either parent and applying the welfare principle as understood in English and comparative law.

Related terms

AFCC Model Standards
Association of Family and Conciliation Courts Model Standards of Practice for Child Custody Evaluation (2006, updated 2022); the primary professional standard for...
Cafcass Section-7 Report
A report on a child's welfare prepared by a Children and Family Court Advisory and Support Service officer or appointed expert under...
Coercive Control
A pattern of behaviour in intimate relationships that seeks to deny autonomy and dominate the victim through means including isolation, monitoring, financial...
CTS2 (Revised Conflict Tactics Scales)
Straus et al. (1996) instrument for quantifying domestic violence history through self-report, used in research contexts in custody evaluations; its use in...
Hizanat
The Muslim personal law doctrine of maternal preferential custody rights for young children, applying specific age thresholds for boys and girls; Indian...
Parental Alienation Syndrome (PAS)
A construct proposed by Richard Gardner in the 1980s describing children's unjustified denigration of one parent as resulting from the other parent's...
Welfare of the Child (Paramount Consideration)
The overriding legal test in custody determinations across common-law jurisdictions, including India (Hindu Minority and Guardianship Act 1956 § 13, as applied...

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