HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 2523 / 2017
Balvindra Kumar Bishnoi S/o Sh. Shivnarayan Bishnoi, Aged About
42 Years, R/o Laxmi Vihar Colony, Sagar Road, Bikaner.
—-Appellant
Versus
1. Aasmaan W/o Balvindra Kumar D/o Late Sh. Indrapal Bishnoi,
R/o Chak 1 K.W.M. (Kaluwala) Khajuwala, Bikaner Presently R/o
Office: Army Public School, Sadhuwali Cant, Sadhuwali,
Sriganganagar.
2. Rajaram S/o Kanaram, R/o Chak K.W.M. (Kaluwala) Khajuwala,
Bikaner.
3. Shanti W/o Rajaram, R/o Chak K.W.M. (Kaluwala) Khajuwala,
Bikaner.
—-Respondents
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For Appellant(s) : Ms. Vandana Bhansali
Mr. Vikram Singh Rajpurohit
For Respondent(s) : –
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HON’BLE MR. JUSTICE GOVIND MATHUR
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/09/2017
This appeal is before us to question correctness of the order
dated 03.07.2017 passed by learned Family Court No.1, Bikaner
dismissing an application preferred under Section 25 of the
Guardians and Wards Act preferred on behalf of the appellant to
have custody of his son who is presently residing with his mother
Smt. Aasmaan.
It is submitted by learned counsel that the father being
natural guardian is having right to have custody of the child but
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[CMA-2523/2017]
the court below has not taken into consideration this aspect of the
matter. In alternative it is also argued that the court below though
allowed the appellant to meet with the child thrice a year with an
interval of four months but that is not adequate.
We do not find any merit in the arguments advanced.
From perusal of the facts averred in the order impugned, it is
apparent that the age of the boy is only seven years and from
very beginning he is residing with his mother. The court also
noticed that the boy is quite happy, healthy and is mentally alert.
On the contrary, the appellant is alleged to be alcoholic. It is well
settled that the prime consideration in such matters is welfare of
child and in the instant matter the Family Court has taken into
consideration only and only the welfare of child, who is residing
with his mother quite happily. So far as meeting opportunity at
interval is concerned, we are of the view that the appellant may
move an application afresh after having two meetings with his son
as per the directions given by the court below.
Accordingly, the instant appeal is disposed of without
interference with the order impugned but with liberty to the
appellant to move an application afresh before the Family Court to
increase the frequency of meeting after having two meetings with
the child.
(VINIT KUMAR MATHUR) J. (GOVIND MATHUR) J.
Anil Kumar Choudhary
