High Court protects judge from consequences in wrongful jailing case

The Supreme Court of India has ruled that a father's remarriage does not disqualify him from claiming custody of his child, emphasizing that the child's welfare is the primary concern. This decision overturned a previous ruling by the Allahabad High Court, which had denied custody based on the father's remarriage, highlighting the importance of a natural guardian's rights. The Court noted that the father, a qualified professional, had taken steps to ensure his child's well-being, including financial provisions. This ruling aligns with earlier cases that affirm a father's custody rights, regardless of marital status. Meanwhile, concerns about the lack of due process in family courts and the operations of Child Protective Services (CPS) in the U.S. indicate a systemic issue where parents may lose custody without fair legal representation. Critics argue that the CPS operates under a presumption of guilt, undermining constitutional rights and due process for parents.