PRAMCHAND JINRAJSA SAHUJI (DEAD) Vs. SURENDRA

JUDGEMENT

(1.) Leave granted.

(2.) There has been no response from Dr. Bhagat. In any event, as has been pertinently pointed out by the learned counsel appearing for the parties, it would be difficult to obtain the presence of the parties from so far as Aurangabad for the purpose of having the girl, who is the subject-matter of the custody petition, examined. In that view of the matter, we dispose of the appeal by setting aside the order impugned only on the ground that the High Court should consider the report of a child psychiatrist before affirming the order of the lower court. The High Court will appoint such doctor as an expert to submit a report giving his/her opinion as to whether, in the given circumstances, there will be an adverse psychological impact on the child if the custody of the child is made over to the father from the relatives of the deceased mother of the child. The psychiatrist should be enabled to take the assistance of any such welfare worker as he/she may desire for the purpose. The parties including the child must appear before such doctor as may be nominated by the High Court as and when required. It is requested that the High Court may expedite the process and, if possible, complete the process within a period of two months from the date of the receipt of the copy of this order.

(3.) The appeal is, accordingly, disposed of but without any order as to costs.