The welfare and interest of the child are paramount in custody disputes, and the expressed desire of the minor child can be a significant factor in determining custody.

1. The present appeal under Section 10 of the Guardian and Wards Act, 1890 (for short "the Act of 1890") was filed by appellant-Neelam assailing the order dated 09.05.2008 of Civil Judge (Senior Division), Kaithal by virtue of which her petition seeking directions to Man Singh and his wife Murti Devi (respondents) to hand over to her the custody of her minor daughter Muskan, was dismissed. The facts gathered from the record are as under:

Appellant-Neelam was married to Subhash Chander (since deceased) son of Man Singh (respondent No. 1) about 7 years prior to the date of institution of the petition. A daughter namely-Muskan was born out of the wedlock on 28.02.2002. Unfortunately Subhash Chander died on 15.10.2005 at Karnal.

The appellant alleged that after the death of her husband a false case under Section 306 of the Indian Penal Code was got registered against her by her parents-in-law/respondents. She was taken in custody and in her absence her daughter Muskan, who was at her parental village Jundla, fell ill and was taken away by the respondents to their village, Sirsal.

Pleading that she had since been released on bail and that the behavior of the respondents with minor Muskan was not good as she was being teased by them on one pretext or the other and that Muskan was in growing age and required special attention of her mother, the appellant prayed that she being the natural guardian be handed over the custody of minor Muskan.

2. The respondents contested the petition and in their joint written reply, they disclosed that after Muskan was born on 28.02.2002, appellant Neelam and her husband-Subhash Chander had started living separately. During that period, one Bahadur son of Sunder, resident of Village Jaani started visiting the appellant at her house claiming to be her brother by religion. Once appellant-Neelam was found in a compromising position with Bahadur by her mothering law (respondent No. 2). Despite objection from her in-laws Bahadur carried on to visit Neelam in absence of her husband-Subhash Chander. After some time, Neelam and her brother Pala Ram and said Bahadur shifted the entire household articles of Subhash Chander to Karnal and persuaded him to come and live with them at Karnal. Because of the threatening given to him, he accepted their demand. Subhash Chander visited the respondents time to time and narrated to them the immoral activities of his wife Neelam and Bahadur. On 15.10.2005 Subhash and Neelam visited Village Sirsal for paying obeisance at Mata but did not visit the house of the respondents. On 17.10.2005, at about 5.00 am., the police intimated the respondents that dead body of Subhash Chander was lying on the railway track. A suicide note was recovered from the dead body by the police of GRP, Karnal which revealed that Neelam with the help of said Bahadur and her brother Pala Ram, forced Subhash Chander to commit suicide. A Criminal Case bearing FIR No. 176 dated 24.10.2005 under Section 306 and 120-B of the Indian Penal Code was registered in which all the aforesaid three persons were facing trial.

It was further alleged by the respondents that the custody of minor Muskan was handed over to them by father of the appellant himself in a Panchayat held at Village Jundla on 06.12.2005 and a writing to the said effect was recorded. Neelam having been released on bail vide order dated 10.01.2006 had filed this petition after such long time.

Lastly, the respondents submitted that minor Muskan was being brought up by them in a good atmosphere and under proper care and attention. On the other hand, appellant Neelam was involved in immoral activities and was facing trial in a criminal case in which she could be convicted and sentenced and as such she could not be said to be a good mother or guardian. The atmosphere in which she was living could also adversely affect the minor. Also she had no independent source of income and was totally dependent on her parents. Therefore, she would be unab