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Delhi High Court observes that a father's second marriage after the death of the first wife does not per se disqualify him from being a child's natural guardian.

MOHD. IRSHAD & ANR. v. NADEEM

2023-Oct-26

MOHD. IRSHAD & ANR. v. NADEEM

The High Court observed that:

"The other aspect that has been agitated is that he has since remarried and has a child from his second marriage, therefore, he cannot be termed as a Natural Guardian. However, 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 bench however considered it appropriate to initially grant limited visitation rights to the father which may be re-visited after one year on his application, if the circumstances so justified.

 

MOHD. IRSHAD & ANR. v. NADEEM
 

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