The welfare of the child is of paramount importance in deciding custody, and the desire, interest, and welfare of the minor are crucial considerations. The court must consider the child's impression and willingness, along with the availability of a conducive environment for proper upbringing.

S. Kumar, J.

This Miscellaneous appeal is directed against the judgment and decree dated 23.07.2015 passed by Additional Principal Judge, Family Court, Patna in Guardian Case No. 31 of 2010, by which the learned Judge of the Family Court dismissed the application filed under Guardians and Wards Act by the appellant petitioner.

2. Briefly stated, the facts of the case is that appellant filed a case for custody of his minor daughter on the ground that he is the natural guardian of his minor daughter, namely, Varshika @ Tisha, a female Hindu Child. Her date of birth is 05.01.2007. The minor daughter Varshika @ Tisha presently is under the guardianship and custody of maternal grandfather Ashok Kumar Srivastava, residing at Lilawati Apartment, Flat No. 304, Gardanibagh Road No. 1, Patna-1. The appellant is the father and a natural guardian of his daughter Varshika @ Tisha, and as such, he is entitled for custody of his daughter, who, at present, is in custody of her maternal grandfather.

3. It has been further submitted by learned counsel for the appellant that since the appellant was in judicial custody from 07.10.2009, his daughter was taken away by her maternal grandfather and grandmother and thereafter she remained in their custody but now appellant father has come out from jail and being the natural guardian he is entitled for custody of his daughter, which is being denied by the respondent maternal grandfather. The appellant was married to Sambhavi, daughter of respondent, on 28.11.2005. From the said wedlock, a female child was born on 05.01.2007 at Jan Chikitsa Hospital, Mithapur, Patna. The name of minor female child is Varshika @ Tisha for whose custody present case was filed before the Family Court, Patna. The wife of the appellant died in mysterious circumstances in the matrimonial home on 07.01.2009 and a criminal case bearing Gardanibagh P.S. Case No. 177 of 2009 under Section 304B read with 34 I.P.C. was registered against the appellant and his family members for causing dowry death of mother of minor daughter.

4. The case was investigated by the police and, during investigation, police found the case to be true against the appellant and his sister and submitted charge sheet against the appellant and his sister and thereafter charge has been framed by the Session Court against the appellant and his sister and evidences were also led on behalf of prosecution and trial is likely to conclude soon. That on fateful day i.e. 07.01.2009 the wife of the appellant died at about 2:00 AM in the morning and her parents were informed about the death of their daughter and they reached at her matrimonial house and appellant was arrested by the police and the respondent maternal grandfather and grandmother of the minor child took her away for her proper care and upbringing. The appellant was sent to jail and he remained in judicial custody. The appellant was released on bail and thereafter he has filed this case for custody of his minor daughter being her natural guardian for her proper upbringing, care and education.

5. It has been further submitted on behalf of learned counsel for the appellant that the proper care, education, love and affection to the minor daughter of appellant is not being given by her grandparents and he has sufficient means to provide proper care and education of the girl child, as such, he should be granted custody of the girl child.

6. During pendency of this case, maternal grandmother of minor child died on 27.08.2012 and his grandfather, who was working in B.S.N.L., also retired from service and getting his pension, the mother of respondent was also in pensionary service and she is getting pension after her retirement

7. In support of his case the appellant has examined altogether four witnesses PW-1 Binod Kumar Singh, is father of appellant. PW-2 is Sabita Devi, who is a maid working in the house of appellant. Pw-3 is Lina Sinha, mother of the appellant. PW-4 is Kumar Amit, who is himself the appellan