The welfare of the minor child is paramount in custody disputes, and parental conflicts should not adversely affect the child.

The Court:- On behalf of the plaintiff argument is resumed.

It is submitted on behalf of the plaintiff that admittedly the money lying in the account of the minor has been withdrawn and utilized by the father (sole defendant) not for the benefit of the minor and that too without the leave of a competent Court.

It is further submitted that the affidavit-in-opposition filed by the defendant is not in consonance with the order dated 3rd April, 2025 by which this Court had directed the defendant to provide details of his movable and immovable assets as on 31st March, 2023, 31st March, 2024 and 31st March, 2025. The particulars, which have been provided in the affidavit-in-opposition, according to the plaintiff, are shorn off details as directed.

In order to demonstrate the same, the plaintiff has given some examples referring to the partition. It is submitted on behalf of the plaintiff that the defendant says that he has a shares in the immovable property but does not divulge the address of such immovable property and his share therein. The affidavit speaks of the shares in various companies said to be held by the defendant party but no particulars of such share, that is to say, number of shares and the value of the same etc., are provided.

It is further submitted on behalf of the plaintiff that for the time being at least the movables and immovables which have been divulged in the affidavit should be converted in the money equivalent and deposited in the Court for the benefit of the minor without there being any control of the mother.

On behalf of the defendant, it is submitted that the relationship between the husband and wife i.e. the father (defendant) and the mother (plaintiff) of the minor is strained and divorce proceedings have been filed on behalf of the defendant. The mother in order to find out the assets of the husband for her personal gain in the proceedings arising out of matrimonial discord is trying to fish out evidence. This litigation is a camouflage, the defendant was not required to file an affidavit in the form as stated under Order XXI Rule 41 of the Code of Civil Procedure , 1908 (in short CPC). The particulars as required at the interlocutory stage has been provided. The wife is aware of the addresses she has provided the same in her application. This Court should not lend assistance to any litigant for fishing out evidence. Moreover, by referring to certain portions of the affidavit it is submitted on behalf of the defendant that huge expenses are being incurred for the minor and the plaintiff (mother) on account of travel and club bills. Although, it is true that the minor son is interested in playing golf as a result whereof the defendant (father) has made all necessary arrangement for him to travel to different places and to regularly practice at a club by paying for the same. The mother as the guardian may be accompanying the minor son but the expenses are all along being on a very higher side which can or could have been reduced if the mother had intention to only secure the benefit of the minor son. The mother being the wife of the defendant has been provide with befitting standard of living.

Learned Advocate for the defendant also says that the money came from the paternal grandfather of the minor who was a successful businessman but later on faced with certain financial issues owing to statutory compliances and penal measures being taken against him at government level in connection with his business. The defendant being the father at the request of the grandfather had returned back the money which came to the minor from his grandfather to tide over the situation owing to such statutory compliances and penal measures.

Learned Senior Advocate for the defendant also refers to few documents annexed to the affidavit wherein the grandfather had made provision for other minor children born in the family. The money from the account of those minors had been also used and utilized for the benefit of their grandfa