KAMAL MAINI Vs. NATASHA ALIAS MONA AND OTHERS

JUDGEMENT

(1.) Petitioner-Husband is aggrieved of the impugned order dated 09.03.2015 of Guardian Judge, Ludhiana, whereby, an application seeking interim custody of the child from mother, has been dismissed while according visiting rights.

(2.) Mr. Piyush Khanna, learned counsel appearing on behalf of respondents No.1 to 4 submits that child has been admitted in the best schools of the Hoshiarpur, i.e., Toddlers Home Study Halls and during hearing passed on copy of the certificates of the merits to show that he had been equally excelling in all the competitions as he had been participating at Ludhiana, so therefore, there is no falling back in his ability and capability in any of the competitions. His overall attitude and aptitude in the life is similar as it was in Ludhiana.

(3.) In support of his aforementioned contentions, he relies upon the judgments of the Hon'ble Supreme Court in Vikram Vir Vohra and Shalini Bhalla, 2010 4 SCC 409 and Dhanwati Joshi vs. Madhav Unde, 1998 1 RCR(Civ) 190 to contend that in such circumstances, much less, by keeping in view the welfare of the child, custody of the child should not be handed over to the father. No doubt, as per the Hindu Minority and Guardians Act, 1956 (hereinafter referred to as "the Act"), in any case, there is a bar of handing over the custody of the child below 05 years to the father but yet keeping in view the aforementioned facts and circumstances, no harm would be caused, in case, the order under challenge is maintained and nothing prevents the petitioner to conclude the trial of the petition filed under Section 25 of the of Guardian and Wards Act, as expeditiously as possible, in order to bring the litigation to some logical end.