The welfare of the child is the paramount consideration in deciding custody matters, as per Section 13 of the Hindu Minority and Guardianship Act, 1956.

ORDER :

Goutam Bhaduri, J

Heard.

1. The instant appeal is directed against the order dated 06.09.2017 passed by the learned Family Court, Sakti, in Civil M.J.C. No. 09/2016, wherein an application filed by the respondent-mother herein for custody of the child was allowed. Being aggrieved by such order, the instant appeal is by the grandfather and grandfather.

2. Undisputed facts of the case are that on 29.04.2012, appellant/respondent Suman Jolhe was married to Umashanker Jolhe and a child was born out of wedlock whose name is Harsh who put to tug-of war at present. When the application was filed, the age of the child was three years. It was pleaded by the respondent-mother that because of the torture meted out to her, she was residing at her parental house from 21.09.2016 at village Dhurkot and the husband forcefully kept the child with him. It was pleaded that she wanted to get back the child but all efforts went in vain and for some reason of the other, the custody of child continued with the father. On 30.09.2016, she came to know that her husband died and thereafter, the custody of the child are with the grandfather and grandmother/the appellants herein and they were not handing over the child as such, this petition for custody was preferred.

3. The respondents/appellants (grandfather and grandmother) herein, in their reply made averments that respondent-mother initially forcefully took the child and went back to her parental home. It was stated that she continued to extend threat to the husband on many occasions and because of such abetment, the husband committed suicide. Before that the child was in custody of husband. It is further stated in suicidal note, respondent Suman and her family members were made solely responsible for the death/suicide. They further stated that even after receipt of the notice that the husband died, she neither visited nor shown the love and affection by any means to the child instead wanted to kill him. Therefore, the custody of the child should not be handed over to the respondent-mother.

4. The learned Family Court came to a conclusion that the mother being the natural guardian, the custody of the child should be handed over to her. Hence, this appeal by the grandfather and grandmother.

5. Learned counsel for the appellants would submit that during the course of time, circumstances have changed and the respondent-mother got remarried in the year 2021 and out of that marriage, a child was born. He further submits that therefore she would not be so affectionate to look after the welfare of the child as otherwise it could have been because of the subsequent marriage and the conduct which is shown by the mother. He would further submit that interaction made with the child by the Court would reflect that the child wanted to remain in the company of his grandfather and grandmother, therefore, the order of the learned Court below required to be set aside.

6. Per contra, learned counsel for the respondent-mother would submit that the mother being natural guardian of the child, is entitled to get back the custody of the child. With respect to the second marriage, this fact was disputed that she has remarried in the year 2021, and another child is born and she resides at village Dhurkot, Tahsil Dabra at her new matrimonial home and the order of the learned Family Court being well merited, do not call for any interference.

7. We have heard learned counsel for the parties at length, perused the evidence including the order-sheets of this Court, which has much relevance in the factual subsequent development which took place.

8. The order sheet of this Court would show that after the custody of the child was directed to be handed over to the respondent-mother, the appeal was filed and on 12.02.2018, the respondent-mother was given privilege to meet the child in the mediation centre. Subsequent order dated 23.02.2018 would show that the mother was given visitation right and in such order, reference of charge sheet