The welfare of the child is paramount in custody disputes, and stability in the child's environment is crucial for their development.

JUDGMENT :

Per R. Mukhopadhyay, J.

Heard Mr. Ashutosh Anand, learned counsel appearing for the appellant and Mr. Rohit Sinha, learned counsel appearing for the respondent.

2. This appeal is directed against the judgment dated 17.08.2019 passed by Shri Nalin Kumar, learned Principal Judge, Family Court, Ranchi in Original Suit No. 514 of 2017, whereby and whereunder the custody of the child has been handed over to the respondent herein.

3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned court below.

4. A Suit was preferred under Section 25 of the Guardian and Wards Act, 1890 by the petitioner/mother (respondent herein) seeking custody of the minor child Md. Shad Alam in which it has been stated that the marriage of the petitioner was solemnized with the respondent (appellant herein) as per the Muslim rites and customs on 23.10.2008 at Jamshedpur. After the marriage the petitioner went to reside at her matrimonial house at Nala Road, Ambia Masjid, Hindpiri, Ranchi. Out of the said wedlock a child was born on 29.5.2010 named Md. Shad and another child was born on 25.09.2011 named as Md. Sameer. The eldest son, Md. Shad is handicapped by birth who was properly being taken care of by the petitioner. While the petitioner was at her matrimonial house with her infant child Md. Shad, she was physically and mentally tortured by the respondent and his family members on non-fulfillment of the demand of Rs. 2 Lakhs. In September 2011 the petitioner was driven out from her matrimonial house when she was in an advanced stage of pregnancy and she was compelled to take shelter at her parental home. It has been stated that when the petitioner was driven out from her matrimonial house her child Md. Shad was 11 months old but the child was not allowed to go with his mother. It has been stated that the petitioner was forced to reside at her parents place and the respondent had come and by indulging in an acrimonious behavior had once again demanded an amount of Rs. 2 Lakhs as dowry and had also assaulted the petitioner for which she was taken to MGM Hospital for treatment. Due to the unprovoked and unprecedented behavior of the respondent, the petitioner was compelled to institute a case being Jugsalai P.S. Case No.181 of 2011 under Section 498A I.P.C. and Sections 3 / 4 D.P. Act. The petitioner in December 2011 had filed a Suit under Section 25 of the Guardian and Wards Act, 1890 being Guardianship Case No.22 of 2011 for the custody of the minor child Md. Shad which was dismissed on 7.3.2017 on the ground of lack of territorial jurisdiction against which the petitioner had preferred an appeal before this Court being First Appeal No.110 of 2017 which was dismissed on 3.7.2017 with a liberty to the petitioner to approach the competent family court having territorial jurisdiction. It has been stated that after the birth of the second son on 25.9.2011 though the respondent and his family members were informed but none came to visit her to see the child and though the petitioner on several occasions had gone to her matrimonial house to meet her elder son but the respondent and his family members prevented her from visiting Md. Shad. The petitioner is an Intermediate while the respondent is a Class-VII pass and is a motor mechanic. The petitioner had come to know that the respondent has solemnized a second marriage with Seema Perween and she apprehends that the life of her son Md. Shad will be ruined and he will not be properly taken care of by the respondent. The petitioner had instituted another case being Jugsalai P.S. Case No.357/2015 under Section 498A and 494 I.P.C. for solemnizing a second marriage. It has been stated that the petitioner is more capable to look after the welfare of the child Md. Shad and deserves to be appointed as his guardian.

5. On being noticed the respondent had appeared and filed a written statement in which it has been stated that the eldest son of the respon