JUDGMENT

Alok Aradhe J. - This appeal under Section 47 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the Act' for short) has been filed against order dated 04.02.2015 passed by the family court, by which petition filed by the appellant under Section 7 of the Act seeking custody of minor ward Sona alias Chiraag has been dismissed.

2. Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 27.02.2005 in Davanagere. Out of the wedlock, a son viz., Sona alias Chiraag was born on 27.04.2006 . However, on account of differences between the parties, they could not stay together. The appellant filed a petition under Section 125 of the Code of Criminal Procedure claiming maintenance from the respondent. The respondent filed a petition seeking dissolution of marriage, which has been allowed by the family court.

3. The appellant filed a petition under Section 7 of the Act on or about 23.01.2014, in which inter alia it was pleaded that the son is of tender age and requires care and protection of the mother. It was further pleaded that love and affection, which the appellant can provide to the minor child cannot be gi