19880705 TZCA Dar es Salaam

The presumption in favour of the mother for custody of an infant under seven was not rebutted by the husband's allegations. The welfare of the child is paramount, and no strong reasons exist to deprive the mother of custody. The maintenance amount should be proportionate to the husband's means.

Citation: 19880705 TZCA Dar es Salaam
Parties: Appellant: Ramesh Rajput; Respondent: Mrs. Sunanda Rajput
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 July 1988
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: appeal dismissed with costs except for variation of maintenance order
Legal Topics: Child Custody, Maintenance, Presumption of Custody for Infants, Welfare of the Child
Source Language: English

Family Law Child Custody Maintenance Presumption of Custody for Infants Welfare of the Child

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Parties

Ramesh Rajput

Appellant

Mrs. Sunanda Rajput

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the mother or father should have custody of the infant child Keval
2 Whether the presumption in favour of the mother for custody of a child under seven can be rebutted
3 Appropriate quantum of maintenance for the child

Ratio Decidendi

Court Disposition

appeal dismissed with costs except for variation of maintenance order

Orders

Custody of the child Keval granted to the mother (respondent)
Maintenance for Keval set at shs. 1,200 per month to be paid by the husband (appellant)