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Vikas Goyal vs Smt. Nisha Goyal on 30 July, 2019

1 WP-14733-2019
The High Court Of Madhya Pradesh

Gwalior, Dated : 30-07-2019
Shri Prakash Braru, learned counsel for the petitioner.
The present petition has been filed by the petitioner seeking following
“The trial court may kindly be directed to proceeded the case fast and
decide it as early as possible within stipulated time period of two months.”

Learned counsel for the petitioner has drawn attention of this Court to
the order-sheets of the trial Court and submitted that despite regular
opportunity being granted to the respondent, no response has been filed by

the respondent and every time she seeks adjournment in the matter. The
learned counsel for the petitioner has brought to the notice of this court that
respondent is not sending the child to school and brother of the respondent is
a criminal. Thus, the atmosphere of house where his son (minor) is residing
is not good and is effecting the upbringing of child. Learned counsel for the
petitioner prays for speedy trial in the matter, taking into consideration the

paramount consideration regarding welfare of the child.

Heard the counsel for the petitioner.

An Application under Section 25 The Guardians and SectionWards Act, 1890
has been filed by petitioner seeking the custody of the minor.

The duty of the court exercising its parens patriae jurisdiction as in
cases of custody of a minor children is all the more onerous. Paramount
consideration is the welfare of minor and not the legal rights of parties. The
claim for custody of a child by any person should be for bona fide reasons
i.e. out of genuine love and affection for a healthy upbringing of a child in a
congenial atmosphere.

Considering the fact that the law regarding custody of the minor is that
the paramount consideration is the benefit and welfare of the child.

2 WP-14733-2019
Therefore, it is directed that the proceedings of the case pending

before the trial court be expedited and may be finalized within a period of six
months from the date of receipt of certified copy of this order.

Accordingly the petition is disposed of. No order as to costs.
C.C. as per rules.


15:41:51 +05’30’

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