SHWETA VIJAY CHITTAL Vs. VIJAY KAMLAKAR CHITTAL

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant against the order dated 20.9.1995 in Misc. Application No. 242/88 on the file of Second Additional District Judge, Thane, Heard both sides.

(2.) THE Appellant and the Respondent were husband and wife. The marriage has been dissolved by a decree of divorce on 9.8.1991. The couple have a child by name Nikhil, who was born to the couple on 29.8.1986. It appears the child is residing with the mother, the present Appellant.

(3.) AFTER hearing both sides, I feel that no final order can be passed at this stage regarding custody of the child for want of evidence. The Respondent has not been cross -examined in the Court below. The Appellant has not entered the witness box to give evidence. Further the child Nikhil has not been interviewed by the trial Court. What value should be given for the interview of the child is a different matter. But in a matter like this, it is always desirable to know the wishes of the child. Further, boy is about 10 years and odd and is sufficiently mature to give any reply. Then, on the basis of the interview with the child and taking over all evidence into consideration, the Court may form its opinion as to whether the father or the mother is the fit guardian for the child. Since, we do not have the evidence of the Appellant and the interview of the child, it may not be desirable to express any final opinion as to who should be appointed as a guardian of the minor child. I therefore, feel that this is a fit case in which the matter should be remanded to the Trial Court with certain directions. Since, the case was filed in 1988 in the Trial Court, it is necessary that the proceedings should be expedited.