JUDGMENT :

The following judgment of the Court is delivered by Prashant Kumar Mishra, Acting Chief Justice.

1. In this appeal challenge is to the judgment and decree passed by the Family Court, Rajnandgaon dismissing the appellant’s application under Section 25 of the Guardians and Wards Act, 1890 for custody of his minor daughter namely; Vaishnavi.

2. The appellant was married with Tejeshwari @ Teja Bai (since deceased), daughter of the respondents, on 11-5-2013. Daughter Vaishnavi was born out of the wedlock on 11-9-2014. The naming ceremony (Namakarana Sanskar) of the newly born daughter was scheduled to be held on 17-10-2014, however, the wife of the appellant Tejeshwari committed suicide the day before the function i.e. on 16-10-2014. An offence under Section 306 read with Section 34 of the Indian Penal Code was registered against the appellant and his parents, however, they were acquitted of the charge vide judgment of acquittal dated 16-6-2015 rendered by the Sessions Judge, Rajnandgaon, in ST No.89 of 2014, which is under challenge before this Court ACQA No.178 of 2015.

3. Application was moved on pleadings that the appellant is a Teacher and has 10 acres of agricultural land a