The welfare of the child is the paramount consideration in determining custody, and the court must balance the rights of the parents with the child's well-being and overall development.

B. Manohar, J.—Appellant has filed this appeal challenging the legality and correctness of the order dated 01-02-2011 made in G and WC No. 106/2004 passed by the III Additional Principal Judge, Family Court at Bangalore directing the appellant herein to hand over custody of the child to the respondent herein. The facts of the case are as follows:

The respondent-husband had filed a petition under Section 25 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the Act' for short) seeking custody of his minor son, Vathan from the appellant-wife. It is the case of the respondent that the appellant and respondent are the legally wedded husband and wife and their marriage was solemnized on 10-12-1997 at Thirumala Thirupathi Devasthanam Choultry at Bangalore. She entered the matrimonial house on 10-4-1998 after completion of her final year B.Sc. examination. She stayed in the matrimonial house up to 5th month of her pregnancy i.e. upto May 2001 and she left the matrimonial house much against the wishes of the respondent and his parents. She gave birth to a male child-Vathan on 13-08-2001. It is the further case of the respondent that during her stay in the matrimonial house, she was looked after very well by him, his parents and other members of the family. She was encouraged by the respondent to prosecute her further studies in computers and to run computer classes and there was no reason for her to leave the matrimonial house during the 5th month of her pregnancy in order to put an end to the matrimonial life. After going to her maternal house, she started giving all pinpricks and treated him with mental and physical cruelty. The respondent was visiting his wife and son at her maternal house almost everyday. During her pregnancy also he was visiting and taking care of her. Four months after the birth of his son, he repeatedly requested her to return to the matrimonial house. However, she refused to come back to the marital house. He also requested his in-laws to advise and send her to the marital house. In spite of repeated requests made by him as well as his parents, the appellant bluntly refused to go back to his marital house. During his visit to her maternal house, he used to shower his love and affection upon his son. Neither the appellant nor her mother and sister tolerated the child coming close to him and getting attached to him. His son had undergone a surgery and medical treatment when he was one year old, which was not disclosed to the respondent or his patents. As the respondent is the natural guardian of his son, he is legally entitled to claim custody of his son and he was deprived of love and affection of his son. The welfare, and well-being of the minor son lies with the father. If the child is deprived of his parental love and affection, it will have adverse consequence upon the emotional and psychological development of the child. Before completion of eight months to her son, the appellant got an appointment and she is more interested in her job and to earn money. She has neglected to maintain her son; she leaves the child under the custody of her mother and she works 10 to 12 hours a day and return home late in the night. She also works in the night shifts. She does not have enough time to take care of his minor son. The minor son lost love and affection of mother as well as the father and not growing in a congenial atmosphere. Though the child was suffering from congenital scoliosis the appellant has not given timely treatment. In view of that, the child had to undergo major operation. Due to the negligence on the part of the appellant, the child had to suffer a lot. The respondent is employed in a private company, having his-own income and he is in a position to take care of his son and his educational expenditure. He can take care of his son more affectionately, so that the child can grow physically, mentally and emotionally and can be a responsible) citizen of the country. It is further all