Sharad Kumar Gupta, J.

1. In this appeal, the challenge levied is to the order dated 30.08.2017 passed by the First Additional Principal Judge, Family Court, Durg in Civil MJC No. 3/2016 vide Annexure A-1 whereby and whereunder she ordered that respondent No.1 – Chitralekha Sahu is entitled to get the custody of the minor son, respondent No.2 – Vedant Sahu.

2. This is admitted by the appellant that his marriage was solemnized with respondent No. 1 in Bhilai on 24.06.2009, out of their wedlock respondent No.2 was born on 03.09.2010; Respondent No.1 lived with him in his parental house at Deepak Nagar Durg till 15.06.2010; during this period she became pregnant; he was convicted and sentenced for imprisonment for life in a murder case; he had preferred an appeal before this Court which is yet pending consideration; he has been released on bail by order of this Court, on 06.01.2013 he took respondent No.2 from the house of respondent No. 1; respondent No. 2 was living with respondent No. 1; respondent No. 1 is in service and living in Dallirajhara.

3. In brief, case of respondent No.1 is that the appellant was impeaching her character. On 06.01.2013 the appellant had not left r