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Balvindra Kumar Bishnoi vs Aasmaan & Ors on 5 September, 2017

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
__
For Appellant(s) : Ms. Vandana Bhansali
Mr. Vikram Singh Rajpurohit
For Respondent(s) : –

__
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
(2 of 2)
[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

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