ASHOK SHAMJIBHAI DHAROD Vs. NEETA ASHOK DHARODE

JUDGEMENT

(1.) HEARD the parties. Rule returnable forthwith. Respondents waive service.

(2.) LAW on the subject is almost settled. The paramount consideration governing custody of the child is the welfare of the child and not legal rights of the parties. In normal circumstances natural guardian is entitled to have custody of the minor child and it is father, who has first right to have the custody of the child. However, fathers right to have the custody of the child is neither absolute nor indefeasible. The question regarding the custody of a minor child cannot be decided on the basis of legal rights of the parties. The custody of the child has to be decided on the sole and predominant criterion of what would be best and in the interest of the minor child. The mother can be given custody of the minor if the childs welfare or interest requires it, even if father may be fit to act as a guardian. The issue involving the grant of custody always needs to be decided consistently with the wishes of minor provided it is not a product of tutoring or undue influence. FACTS IN BRIEF :

(3.) THE following are the facts :