IMPORTANT POINT
The paramount consideration in child custody cases is the welfare of the child, taking into account the child's ordinary comfort, health, education, and favorable surroundings, as well as the human touch in deciding custody matters.

JUDGMENT :

1) This appeal by the appellant/father under Section 19(1) of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 arises out of an order passed on 14/08/2019 by the First Additional Principal Judge, Family Court, Raipur (C.G.) in a proceeding bearing CMC No.95/2017 wherein the application filed by the appellant/father for custody of the minor girl was dismissed.

2) Brief facts of the case leading to filing of an application under Section 25 of the Guardians and Wards Act by the appellant for the custody of his daughter Ku. Abru from the respondent/Sofia Khan-the mother, are that the parties were got married on 10/08/2009, thereafter the appellant went to Dubai and came back to India in 2013. Again the wife alongwith the husband went back to Dubai in 2013. The child was born on 19/02/2014 and thereafter in 2016 the mother came back with the child because of certain matrimonial dispute. Later on, the parties landed into a dispute regarding custody of the minor child. Once the husband forcibly took back the custody of the child which led to filing of a habeas corpus petition by the mother. By the order of this Court on 07/11/2016 the child was handed back to the mother. Thereafter an application under Section 25 of the Guardians and Wards Act was filed. The averments in the application seeking custody would show that the parties entered into a matrimonial dispute as they could not get along and allegations have been attributed to the wife on different issues.

3) The husband alleges that he was not allowed to meet the child and the primary averment was made that after the birth of child it was discovered that she was suffering with a kidney disease which the mother was unable to treat. The husband further stated that since he wanted the child to grow up as a healthy child, as such the custody of the child would be necessary in the hands of the father which would be in her best interest alongwith the other ancillary benefits to provide her the best education and other amenities. It was further stated that since the wife teaches in a Kindergarten she goes for the job at 08:00 AM and roams around alongwith her male friends, therefore, she will not be able to take care of her child. Further, certain allegation assassinating the character of the wife was also made. It was stated that the interest of the child would be better in the hands of the father, therefore, the custody may be handed over to him.

4) Per contra, the mother denied all the allegations. It was stated that when she was found to be pregnant at Dubai she was subjected to sonography test and having found that the child in womb is a girl child, all force were excreted on her to abort the child. She further stated that because the husband and wife could not get along after the birth of child, she came back to India from Dubai. Narrating an incident of 26/09/2016 she states that the husband took the child but did not return and having inquired it was informed that he was taking back the child namely Abru with him. When it led to inquiry it was alleged that the husband wanted to take back the child by issuance of a duplicate passport after lodging an FIR that he has lost his passport. Further, the custody of child was sought to be retained on the basis of an ex-parte order for custody of the child which has obtained from Dubai Court. This led to filing of a habeas corpus petition before the High Court by mother. The High Court is after adjudication directed to return the custody of the child and handed over it to the wife. It was further stated that the ground on which the husband wanted to take back the child projecting the ailment of the child is only a method to get the custody of child as the treatment of the child is very much available/possible in India. She stated that the welfare of the child is better in the hands of the mother, therefore, the petition for custody may be rejected.

5) The Court framed the issues and on behalf of