JUDGMENT :

ASHOK KUMAR VERMA, J.

1. This order will dispose of FAO No.4545 of 2017 and CREF No.3 of 2018 as common questions of law and facts are involved in both the cases. FAO No.4545 of 2017 arises out of the judgment dated 30.5.2017 passed by the Family Court, Gurugram whereby petition under Sections 7 and 25 of the Guardian and Wards Act, 1890 (for short “Act of 1890”) read with Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short “Act of 1956”) filed by the respondent-mother was allowed against the appellant-father thereby giving the custody of the minor girl, namely, Dishita to the respondentmother.

The Civil Reference (CREF No.3 of 2018) arises out the applications filed by the appellant/father-Rajat Agarwal for interim custody of the girl child before the Court of learned District Judge, Family Court, Gurugram, which were transferred to this Court from the Family Court vide order dated 5.4.2018 passed by this Court in TA No.851 of 2017.

2. The foundation of a happy marital home is love, sharing of joys and sorrows, and not in that sense bricks and concrete. There should be cementing of hearts and not cementing of floors and walls. Ultimately, in the fight betw