A parent cannot claim priority over the welfare and wishes of the ward.

Application No. 3783 of 2006 has been field by the applicant, mother of the minor child Raghav, praying this Court to modify the earlier order of this Court dated 1.10.2004 made in Application No. 560 of 2004, viz., instead of interim custody granted for alternative Saturday from 10.00 a.m. to Sunday 12.00 Noon, to grant interim custody once in a year for 15 days or the days as may be fixed by this Court during the annual vacation of the school in which the minor child is going to study.

2. Application No. 3539 of 2006 has been filed by the applicant, mother of the minor child Raghav to permit the applicant to apply and get a passport for the minor child as the mother, guardian and custodian of the child.

3. The O.P. No. 56 of 2004 has been filed by the father of the minor child to declare the father as the de-jure guardian of the minor child and for directing the mother to hand over the custody of the minor child to him.

4. By earlier order dated 1.10.2004 made in Application No. 560 of 2004, this Court, by modification of the earlier orders granted interim custody of the minor child to the father to take the child on alternative Saturdays from 10.00 a.m., and keep the child and return the minor child on Sunday 12.00 Noon.

5. The brief facts of the case are as follows:

The petitioner and the respondent viz., the father and mother of the minor child Raghav got married on 4.12.1997 and on 20.10.1998 the minor child Raghav was born. From 20.11.2000, there was misunderstanding between the spouses which resulted in filing a divorce petition by the respondent on 29.11.2002. On 17.12.2002, an ex parte decree was passed in H.M.O.P. No. 159 of 2002. On 4.2.2004, the respondent/father filed the original petition for guardianship and custody of the minor child. He also filed O.A. No. 560 of 2004 for interim custody of the child and on 27.2.2004, this Court passed an order of visitation right, which was later modified by order dated 20.7.2004, by granting interim custody of the child once in two weeks. Again the said order was modified by this Court on 1.10.2004 extending the duration of the interim custody as stated already on the application filed by the mother for suspension of the interim custody. Now as such, the respondent/father has got the right to take the minor child on alternative weeks from 10.00 a.m., on Saturdays and return the child at 12.00 noon on the Sundays. In Application No. 3783 of 2006 the applicant/ mother seeks to modify the said order and to grant interim custody once in a year for 15 days or the days as may be fixed by this Court during the annual vacation of the school in which the minor child is going to study.

6. The applicant/mother has also filed Application No. 3783 of 2006 seeking permission to apply and get passport for the minor child and to take the minor child to Singapore where she has got employment in a Computer Software Company viz., A-IT Software Services Pte., Ltd., on a contract for 2½ years.

7. Themain objections raised by the respondent/father of the minor child is that he is prepared to take the custody of the minor child and continue his education at Chennai, if the minor child is taken outside the jurisdiction of this Court, then there will be no control on the applicant/mother regarding return of the child to India if the mother fails to comply with any directions issued by this Court, and difficulty will arise for the respondent/father to seek the custody of the child.

8. Admittedly, the applicant and the respondent got divorced and the applicant remarried a Singapore Citizen during 2006 and the respondent has also re-married another lady, through whom he has got a child. The minor child is now 8 years old studying in 3rd Standard. He also appeared before this Court and when his wish was ascertained, he preferred to go with the mother. Of course we have no complaints against the father also.

9. Now the question is whether the mother can be permitted to take the minor child