The welfare of the child is of paramount consideration in deciding custody and upbringing, and the court must evaluate the evidence to ascertain the child's comfortability in the care of the petitioner.

JUDGMENT

Raj Mohan Singh, J. - Petitioner has preferred this revision petition against the order dated 11.04.2018 passed by the Guardian Judge, Chandigarh in an application under Section 12 of Guardian & Wards Act, 1890 (hereinafter to be referred as 'the Act') for production of minor child Devansh Singh Saini and for grant of temporary custody to the petitioner and further permission to meet the minor child during pendency of the petition.

2. Brief facts are that marriage of the petitioner with the respondent was solemnized on 20.04.2014 at Chandigarh according to Sikh rites and ceremonies. After the marriage the parties resided in Chandigarh and cohabited as husband and wife. From the wedlock, one son namely Devansh Singh Saini took birth on 04.11.2014, when they were residing in Panchkula.

3. There are allegations and counter allegations made against each other by the parties. Petitioner has pleaded that on 01.08.2016 at about 11.00 a.m., respondent illegally and fraudulently took away the minor child Devansh Singh Saini from the petitioner on the pretext of going for a walk. Thereafter respondent did not turn up along with the child. Respondent started living with his parents at Kalka. Petitioner also pleaded that her efforts to bring the child back remained futile and thereafter she filed the petition under Section 25 of Act for grant of custody of minor child Devansh Singh Saini along with visitation rights. An application under Section 12 of the Act was also filed by the petitioner for interim custody of the minor child.

4. Petition under Section 25 of the Act and the application for interim custody were contested by the respondent primarily on the ground that the conduct and temperament of the petitioner are not best suited to the child as she is provocative and used to abuse the respondent and his parents without caring for the honour of the family. She pounced upon the respondent and slapped him many times. She picked up the minor child from the bed and dashed him on the concrete floor of the room. She also started banging her head against the wall in a fit of rage. The over all development of the minor child would be possible only in the company of the respondent. Respondent sought to produce on record DVD by way of moving an application in order to show abnormal, violent, brutal, impulsive, aggressive, abusive and immoral behaviour along with murder threats and suicidal tendencies of the petitioner.

5. The Guardian Judge, Chandigarh vide order dated 14.12.2017 allowed the respondent to place the DVD on record without giving any observation in respect of authenticity of the same. Admissibility, authenticity and genuineness of the DVD was left open to the parties to prove the same with reference to evidence at appropriate stage. No final observation was made on DVD as the same was required to be proved in accordance with law at appropriate stage.

6. The Guardian Judge, Chandigarh vide order dated 11.04.2018 partly accepted the application of the petitioner observing that before allowing the petitioner to take interim custody of the minor child (if at later stage the Court comes to the conclusion that interim custody of the minor can be given to the petitioner) on trial basis the petitioner can be granted visitation rights to meet the child in order to ascertain the fact that whether the child feels comfortable in the company of the petitioner or not and the said visitation rights will only suggest and help the Court in coming to the conclusion that whether she is entitled to interim custody of the minor or not. In view of aforesaid contingent order, the Guardian Judge, Chandigarh observed that the petitioner being mother of the child has an inalienable right to meet her child and she cannot be deprived of her right. The application was partly allowed to the extent of meeting the child and she was permitted to meet the child during pendency of the petition on every 1st and 3rd Saturday at 2.00 p.m. in the court and was