ORDER

1. Heard on IA No.4416/2024, which is an application for taking documents on record.

2. Documents may be relevant for proper adjudication of this petition, therefore, IA is allowed and the documents are taken on record.

3. This miscellaneous petition under Article 227 of the Constitution of India has been preferred by the petitioner being aggrieved by the impugned order dated 19.12.2023 passed in MJC GW/1/2023 by the District Judge, Badnagar, District Ujjain.

4. Brief facts of the case are that petitioner and his wife (Late Chanchal Kaithwas) belongs to the Hindu Religion and their marriage was solemnized on 23.5.2019 at Badnagar as per the Hindu rites and rituals and after the marriage they blessed with a son Nirbhay who has been born on 5.12.2021. Now he is about 2 years old. Unfortunately on 26.11.2022 petitioner’s wife Chanchal has been died.

5. Learned counsel for the petitioner contended that now the minor child Nirbhay is living with the respondents who are maternal grandfather & maternal grand-mother of Nirbhay. Petitioner being the natural guardian wishes to have the custody of his child to ensure his wellbeing, health, education and lifestyle, which is very crucial for h