IMPORTANT POINT
While considering issue of custody of minor child paramount consideration is welfare of minor children.

M.R. Shah, J.—Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14th July, 2016 passed by the learned Family Court, Ahmedabad in Civil Miscellaneous Application No.3 of 2015, by which the learned Family Court has dismissed the said application preferred by the appellant father for obtaining permanent custody of the minor son Rehan and granting visitation right only, the original applicant – appellant herein – father has preferred present First Appeal.

2. That there is a matrimonial dispute between the appellant husband and respondent wife and various proceedings are pending between them. The custody of the minor son namely Rehan is with the mother. The appellant husband is appellant husband is working as an Associated Professor in Pramukh Swami Medical College in Pathology Department and the respondent mother is working as Engineer SD Senior in Institute for Plasma Research situated at Gandhinagar. Thus, both the appellant father and respondent mother are well educated. The appellant husband is paying Rs.10,000 per month towards the maintenance of the minor son pursuant to the order passed by the competent court. As the custody of the minor child was with the respondent mother, the appellant herein – father submitted an application before the learned Family Court being Civil Miscellaneous Application No.3 of 2015 for obtaining permanent custody of the minor son Rehan from the opponent and also for declaration declaring that he is guardian and best friend of his minor son Rehan under section 25 of the Guardian and Wards Act, 1890.

2.1. It was the case on behalf of the original applicant –husband that he being father, well educated, serving as an Associated Professor in Pathology Department in Pramukh Swami Medical College and financially sound, is entitled to the custody of his minor son. Number of submissions were made with respect to the dispute between the husband and wife. It was the case on behalf of the original applicant – husband that though he is father of the child, he is not permitted to meet the minor just with a view to see that the minor child and the applicant father may not have loving relation. The respondent wife is serving as an Engineer SD Senior in Institute for Plasma Research situated at Gandhinagar. It was further submitted that as the opponent mother is serving woman, she is fully engaged in her service from morning to evening and therefore, it would not be possible for her to take proper care of the minor son. It was further submitted that the brother of the opponent wife is also a Doctor and is also busy in his profession. It was submitted that out of two sisters of the opponent wife, one is a Doctor and another is serving and thus, both of them are busy. It was submitted that the father of the applicant – husband is a retired person and therefore, the applicant and his father both would be in a position to take proper care of the minor.

2.2. The aforesaid application was vehemently opposed by the opponent - mother of the minor child by filing Written Statement at Ex.52. It was submitted that except payment of maintenance of Rs.10,000/- pursuant to the order passed by the competent court, at no point of time the applicant father has taken care of the minor child. It was the case on behalf of the opponent mother that she is well educated and taking care of the minor child. It was submitted that she has tried to see that best education is given to the minor child. It was submitted that her minor child – Rehan is studying in Mahatma Gandhi International School, which is affiliated with Cambridge University. It was submitted that a great care and caution of the minor child is being taken not only on educational field but also towards Dini Talim at Madresa and also in outdoor activities of minor child such as Karate, Speech Therapy Classes etc. It was submitted that as such the applicant father being Professor in Pathology Department he is required to go and attend e