ARUN AGGARWAL Vs. SONIKA ARORA

JUDGEMENT

(1.) This revision has been filed by Arun Aggarwal under Article 227 of the Constitution of India for setting aside the impugned order dated 21.1.2009 (Annexure P-1) passed by learned Civil Judge (Senior Division), Hisar in petition No.16 (Guardian and Wards Act, of 2008) whereby the prayer of the petitioner for interim custody of minor child or in the alternative right to visit the minor son has been declined. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.

(2.) The learned trial Court in the impugned order has observed that "œthe financial status of both the parties is yet to be decided and no finding can be given at this stage because regarding financial status the contention of the parties and the documents produced by them are contrary. It is yet to be decided who was at fault in not maintaining the matrimonial relation. For deciding the present application for interim custody of minor, the court has to see the welfare of the minor.