The welfare of the minor child is the paramount consideration in custody disputes, and the legal right of a particular party cannot supersede the child's well-being.

Khem Chand Sharma, J.-Briefly narrated the facts of the case are that respondent Gajendra Kumar submitted an application under Section 25 read with Sections 10 and 12 of the Guardians and Wards Act (hereinafter to be referred to as “the Act”) stating therein that marriage of respondent was solemnized with Smt. Sushma Sharma D/o appellants Nos. 1 and 2. It is stated that out of this wedloock, two children, namely Virendra and Ashish were born. Smt. Sushma passed away on 12-3-1988 and at the time of her death, since there was none to lookafter minor Ashish aged only 3 months, the respondent, as per the application, left his son Ashish with appellants Nos. 1 to 3. The respondent further averred that appellant No. 3 had great affection for Ashish and as such, appellants Nos. 1 and 2 decided to marry Rama-Sharma, appellant No. 3 with respondent. Rama did not agree to this proposal and ultimately, the respondent married himself with one Seema. The respondent prayed that he being natural guardian, the custody of his minor son be ordered to be handed over to him.

2. Itis further stated that on 13-2-1992 when the respondent went to the appellants Nos. 1 to 3 and asked them to hand over custody of his son Ashish, they refused to hand over custody of Ashish to respondent.

3. Theappellants No. 1 and 2 contested the above application and submitted a joint reply. The appellants took the plea that at the time of death of their daughter Sushma, Ashish was hardly 3 months old and there was no one to take care of Ashish and that respondent himself left his son with them. The appellants stated that after the death of Sushma, the respondent did not take care of his son Ashish and that he also performed his marriage with one Seema and out of this wedlock, one daughter was also born. The appellants further stated that Ashish and respondent are foreigners to each other and that it will not be in the well being of Ashish to live with his father and step mother, particularly when a daughter was also born and that respondent was busy with his newly married wife and daughter. The appellants stated that Ashish was very well taken care of by them and they have been imparting education to him. He is happy and getting great love and affection in the company of appellants.

4. On the basis of the pleadings of the parties, the learned Judge. Family Court framed following 4 issues

Þ1- vk;k izkFkhZ us nwljh kknh dj yh gS o nwljh iRuh ls izkFkhZ ds ,d yM+dh Hkh iSnk gks pqdh gS vr% izkFkhZ viuh a :fp ys nwljh iRuh o larku esa O;Lr jgrk gS rFkk mlus ukckfyx vkkh"k esuk cUn dj fn;k gS rFkk mlus ukckfyx dh dksbZ [ kSj [kcj ugha yh gSa\ 2- vk;k cPpk vkkh"k vius firk] nknk] lkSrsyh ek¡ oxSjg dks tkurk rd ugha gS rFkk ukckfyx dk fgr blh es gS fd og vizkFkhZx.k dh laj{krk ,oa dLVMh esa jgs\ j{kd gS rFkk ukckfyx dk fgr (welfare) izkFkhZ dh la

3- vk;k izkFkhZ ukckfyc vkkh"k dk dkuwuh laj{kdrk ,oa dLVM+h esa jgus ls gS\

4- lgk;rk D;k gksxh\

5. The respondent examined 5 witnesses, whereas, the appellants examined 8 witnesses in support of their respective pleas. The learned Judge, Family Court decided all issues in favour of respondent and vide Judgment dated 28-4-1993 allowed the application of the respondent and ordered the custody of Ashish to be given to his father, respondent. It is against this Judgment that the present appellants have come up in appeal before this Court.

6. We have heard learned counsel appearing for the appellants and perused the impugned order and record of the case.

7. The uncontroverted facts are that respondent was married to Smt. Sushma Sharma (since deceased) and out of this wedlock two children were born Ashish was born on 10-11-1987. His mother Smt. Sushma Sharma died on 12-3-1988 and thus, at the time of her death, Ashish was only 3 months old and since there was none to look-after him, the respondent himself left his son Ashish with the appellants. Some time in 1990, respondent performed his second marriage with Seema Sharm