HARPREET SINGH Vs. PARMEET KOUR

JUDGEMENT

(1.) Heard. This petition under Article 227 of the Constitution of India has been filed challenging the order Annexure P-9 dated 20.12.2017 passed by Second Additional Principal Judge, Family Court, Bhopal in R.C.S. No. 1072-A/2017 allowing the application filed by respondent/wife under section 26 of the Hindu Marriage Act, 1955 seeking custody of an infant female child aged in between 7-8 months.

(2.) Learned trial Court allowed the custody to the mother observing that primary natural feeding and nutrition is essential for the development of the child, which is possible by feeding of the mother, therefore, the custody ought to be given to the respondent.

(3.) Learned counsel appearing for the petitioner has contended that welfare of the child is a paramount consideration while granting custody of the child. The child is with the petitioner since birth, therefore, her custody should be given to the mother because during this period the child was admitted in the ICU and she could be survived by artificial feeding, though natural feeding is essential upto six months. It is further his contention that the respondent is mentally sound. She left the house by her own after consultation with the Doctor while her checking on 8.7.2017 and since then petitioner is maintaining the child. Thereafter, petitioner filed divorce petition, therefore, to create pressure this petition has been preferred.