The welfare of the child is the paramount consideration in custody disputes, and the word 'guardian' in Section 25 of the Guardians and Wards Act is not limited to natural guardians.

( 1 ) HEARD Shri Y. K. Sinha, learned counsel for the petitioner and Shri madhav Jain for respondent No. 1.

( 2 ) THIS writ petition has been filed by the petitioner challenging two orders dated 31-5-2004 passed by Judge Family Court, agra in Misc. Case No. 15 of 2004, Smt. Jyoti parashar v. Navin Singh.

( 3 ) BY first order dated 31-5-2004 the judge Family Court has rejected the application of the petitioner filed under Order VII, rule 11 Code of Civil Procedure. By second order of the same date application filed by respondent No. 1 under Section 12 of guardians And Wards Act, 1890 was allowed by which respondent No. 1 prayed for interim custody of minor Nick Singh. Both the orders have been passed on application filed by respondent No. 1 hereinafter referred to as respondent under Section 25 of Guardians and Wards Act, 1890 praying for direction to the petitioner the husband to hand over custody of Master Nick Singh hereinafter referred to as child.

( 4 ) BRIEF facts of the case are; the respondent was student of St. Joseph Girls Inter college, Agra in the year 1997. The respondent without informing her family members went to Mumbai with the petitioner and as per programme already fixed by the petitioner was married to the petitioner on 7-10-1997 in Araya Samaj Mandir. A son namely master Nick was borne on 14-10-1998. The case of the respondent as stated in the application under Section 25 is that after sometime she came to know that petitioner and his family members belong to bedia community and the family members are involved in flesh trade which is the main source of income of the family. The respondents case further is that she was also being forced by the petitioner to enter into the flesh trade and on her refusal she was beaten. The respondent started making effort to get herself freed from the clutches of the petitioner and she informed her parents. The parents of respondent came in August 2003 and she came along with her parents to her fathers house and is living there since August 2003. It was further pleaded that petitioner does not do any work. On 3-11-2003 the petitioner along with her two sisters, mother and father came to Agra and forcibly took away the child. Respondent lodged an FIR and a criminal case has also been registered against the petitioner and his other family members. It has further been stated in the application that there is no atmosphere of education in the family of the petitioner and if the child continues to live with the petitioner he will not become a good person. The respondent stated that she has passed intermediate and she earns Rs. 3000/- and is fully capable of taking care of all the needs of the child. The respondent when in spite of information to the police and making efforts has not returned back the custody of child then she filed the application under Section 25 of Guardians and wards Act on which Misc. Case of 15 of 2004 has been registered. Notices were issued to the petitioner who appeared and filed his written statement. The petitioner stated in the written statement that the marriage was performed at the instance of the petitioner and both Have been happily living at Bombay. He further stated that petitioner along with the respondent has been residing in a separate residence at Meera Road away from his family members and there is no interference of any kind from the family members of the petitioner. The allegation that the petitioner ever wanted to pressurise the respondent to indulge in prostitution has been denied. It was stated that petitioner was earlier running a general store and is running a shop for sale and hire of VCD and compact disks of music etc. It was further stated that respondent came to Agra in october 2003 on the pretext that she would return after Diwali. It was stated that the application is not maintainable since the child is more than 5 years of age on the date of filing of the application and it is the father who is natural guardian o