The welfare and interest of the minor child are the paramount consideration in deciding custody matters. The fitness of the parents cannot override the consideration of the welfare of the child.

ORDER :

G. Sri Devi, J.

1. The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order, dated 18.12.2019 passed in I.A. No. 270 of 2019 in G.W.O.P. No. 03 of 2019 on the file of the Judge, Family Court at L.B. Nagar, Ranga Reddy District, wherein and whereunder the application filed by the respondent herein seeking custody of his minor female child was allowed.

2. The facts in nutshell are as under:

The 1st petitioner is the wife of the respondent, whereas petitioners 2 and 3 are the parents of the 1st petitioner. The respondent filed G.W.O.P. No. 3 of 2019 seeking a direction to the petitioners to handover custody of Riddhima, who is the daughter of the respondent and the 1st petitioner, aged about 4 years to the respondent herein. During pendency of the said G.W.O.P., the respondent herein filed I.A. No. 270 of 2019, seeking a direction to the petitioners herein to permit him to take his daughter Riddhima from the house of the petitioners to his house for three hours on every Saturday and Sunday from 5.00 P.M. to 8.00 P.M. The contents of the affidavit filed in support of the petition, would show that the 1st petitioner is the legally wedded wife of the respondent and their marriage was performed on 17.03.2012 as per Hindu Rites and Customs at R.T.C. Kalyana Mandapam, Musheerabad, Hyderabad; that the said marriage was consummated and out of wedlock they blessed with a female child by name Riddhima on 23.01.2014. It was also stated that for few months, both the 1st petitioner and the respondent led cordial conjugal life and subsequently minor differences cropped up between them and the elders of the community tried to settle the same amicably and that to a great extent they lived harmoniously except some minor issues. It was further stated that while things stood thus, in April, 2017, the 1st petitioner left the matrimonial company of the respondent herein to her parents house, along with the minor child; that though the elders of the community on many occasions tried to bring the 1st petitioner and the minor child to the matrimonial house of the respondent, but of no avail. It was also stated that in April, 2018, the respondent visited the house of petitioners 2 and 3, where the 1st petitioner was residing along with his daughter and took his daughter with him in spite of protest from the petitioners. The 1st petitioner along with petitioners 2 and 3 lodged a police complaint against the respondent and created huge hue and cry, due to which he agreed to send his daughter to the petitioners' place on the assurance of the petitioners that they will soon allow him to take his daughter to his house; that the petitioners, however, did not keep up their promise and many times, the respondent visited Pallavi Aware International School, Saroornagar, Hyderabad, in which his daughter was admitted in U.K.G. to see her and to ascertain her progress in studies, but the school authorities at the instance of the petitioners have refused to disclose any information and denied permission to meet his daughter and that on 18.08.2018, the respondent knocked the door of police, but in vain and that he came to know that in the month of July, 2018 the 1st petitioner had left to Canada purportedly for higher studies without his knowledge and that the respondent tried to talk the 1st petitioner through cell phone, but she changed her phone number. It was further stated that a girl of four years must need love, affection and care of both the parents, however, the 1st petitioner left her in the custody of petitioners 2 and 3, who are aged about 60 years and that 2nd petitioner is a diabetic patient and also suffers from high blood pressure and, therefore, the environment is not conducive for upbringing of his daughter. It was further stated that in the absence of the 1st petitioner, the respondent being a father is the best person to look after the welfare of his daughter and, therefore, prayed to is