JUDGMENT :

(Goutam Bhaduri, J.)

1. Heard.

2. The present appeal is filed by the father/appellant against the order dated 02.08.2018 passed by First Additional Principal Judge, Family Court, Durg in MJC No. 12/2013, whereby application under Section 25 of the Guardians and Wards Act, 1890 (henceforth “Act, 1890”) preferred by the father to get custody of his minor child was dismissed.

3. The facts of the case are that the appellant Nagendra Kumar Joshi was married to Anita, who is daughter of respondent, on 14.04.2007 and out of their wedlock a child - Tanishq was born on 12.07.2008. According to appellant, since Anita was ailing, as such, she left company of the husband without his knowledge on the pretext of treatment and eventually on 25.06.2012, Anita, first wife of the appellant died. Thereafter, the appellant went to get custody of the child from in-laws, but it was refused. It is stated that father-in-law of the appellant is not much educated, as such, development of the child may not take place properly. It was stated that financially the appellant is well off and he would be able to take care of the child in most effective manner to his interest, therefore, custody of the chil