BHOLARAM Vs. PARWATI SAHU

JUDGEMENT

(1.) The instant appeal is directed against the order dated 21-7-2009 passed by Ilnd Additional Principal Judge, Family Court, Durg in Misc. Civil Suit No. 18/2008 whereby and whereunder, the appellant's application under Section 25 of the Guadians and Wards Act, 1890 has been dismissed.

(2.) Fact of the case in brief are as under :-

(3.) Learned counsel for the appellant would submit that though the appellant has contracted second marriage, still it would be better in the welfare of the minor to be in the custody of the appellant. The appellant's financial position is sound; is natural guardian of the minor, entitled for the custody; the minor is not being properly maintained by the respondent; the appellant shall give the minor proper love and affection and education. Relying upon the judgment in the case of N. Nirmala (Smt.) v. Nelson Jeyakumar, 1999 AIR(SC) 3821, it was further contended that learned trial Court has also improperly dismissed the appellant's prayer regarding his visitation right.