C. SHIVAPPA, J.:

1. This is an appeal against the order dated 21.1.1998 in O.P.No.209 of 1996 relating to the custody of a minor girl, by name, N.Asha, aged about 12 years, whose parents have unhappily been living apart. The learned single Judge came to the conclusion that the custody of the minor girl should be with the father and the mother now appeals to this Court.

2. In deciding the question as to the custody or up-bringing of a minor, the court must regard the minors ‘welfare’ as the first and paramount consideration and not the legal right of any particular party. In making order appointing a guardian for the person of a minor, the tests ought to be. What order under the circumstances of the case would be best for securing the welfare and happiness of the minore With whom will the minor be happye Who is most likely to contribute to the well being of the minor and look after her health and comforte Who is likely to bring up and educate the minor in the manner required to develop the entire personality worthy of living, keeping the interest, well-being and happiness of the minor in view. The court must also give due weight to the possible effects of a change in custo