The welfare of the child is the paramount consideration in custody matters, and the court emphasized the importance of love and affection for the child's upbringing.

DAYA CHAUDHARY, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 16.03.2016 passed by the Sub Divisional Judicial Magistrate, Malerkotla, whereby, the petitioner has been directed to produce the minor child, namely, Prabhjit Singh, who is about 16 years of age, in the Court at Malerkotla on the last Friday of every month.

2. Briefly, the facts of the case are that the petitioner was married with respondent on 02.12.1997 and out of the said wedlock, a male child was born on 30.09.1999. However, due to temperamental differences, the marriage could not succeed and both the parties decided to depart from each other by way of filing joint petition under Section 13-B of the Hindu Marriage Act. The said petition was allowed and it was mutually decided by both the parties that minor son, namely, Prabhjit Singh shall remain in the custody of the petitioner-husband, whereas, no visiting right was granted to the respondent-wife. Thereafter, petitioner performed his second marriage and in the meantime, respondent-wife also got married with one Avtar Singh and out of said wedlock, two children were born. Thereafter, respondent-wife filed a petition under Section 25 of the Guardians and Wards Act for the custody of minor Prabhjit Singh after a gap of eight years of divorce. In the said petition, the interim relief was prayed by the respondent-wife for interim custody of minor son. While deciding the issue of custody of minor son, it was ordered that respondent-wife was having right to meet her minor child and the petitioner-husband was directed to produce the minor child Prabhjit Singh in the Court on last Friday of every month till the disposal of petition. Respondent-wife was also allowed to meet the minor child in the court room of Presiding Officer on the day of passing of impugned order.

3. Petitioner-husband has challenged order dated 16.03.2016, whereby, he has been directed to produce the minor child in the Court at Malerkotla on last Friday of every month.

4. Learned counsel for the petitioner submits that the welfare of the child is the paramount consideration and the distance between Amritsar and Malerkotla is about 180 kms., which will affect the study of the minor. Learned counsel further submits that the child is not interested in meeting the respondent-wife as he is getting full love and affection from his father. Learned counsel also submits that the impugned order has been passed without taking into consideration the wishes and welfare of the minor child and the same is liable to be set aside.

5. Learned counsel for the respondent submits that the visitation rights have been granted to the mother to meet the minor son in the Court of Presiding Officer at Malerkotla as it was mutually agreed between them. Moreover, love and affection of mother is also necessary for good upbringing and development of the personality of child.

6. Heard the arguments of learned counsel for the parties and have also perused the documents available on the file.

7. Admittedly, both the parties filed divorce petition under Section 13-B of the Hindu Marriage Act and the same was allowed. It was mutually decided that the minor child would remain with the petitioner-husband. The issue regarding custody of child is pending and only the interim direction has been issued that the petitioner-husband will allow the minor to meet the respondent-wife on last Friday of every month till the disposal of the petition. Respondent-wife was also allowed to meet the minor child in the court room of the Presiding Officer at Malerkotla.

8. While deciding the issue of custody of minor, the Court is to see the welfare by considering it as first and paramount consideration and not the legal right of any particular party. While making such order for appointing a guardian for the person of minor, the test requires to see as to what order and under what circumstances for securing t