In custody matters, the paramount consideration is the welfare of the child, not the legal rights of parents. Courts act as parens patriae to ensure the stability, education, and environment conducive to the child's full development, while respecting the child's expressed wishes regarding visitation.

Per Rajani Dubey , J.

1. This appeal is filed by the appellant against the impugned judgment dated 10.02.2023 passed by learned Second Additional Principal Judge, Family Court, Raipur (C.G.) in C.M.C. No. 176/2018, whereby the learned Family Court has dismissed the application under Section 7 of Guardian and Wards Act, 1890 read with Section 6 (a) of Hindu Minority and Guardianship Act, 1956 for custody of ward Master Praveen Sahu.

2. Brief facts of the case are that the marriage of the appellant was solemnized with the respondent on 06.05.2009 and out of their wedlock, their son Praveen Sahu was born on 02.03.2010, the appellant and respondent are living separately since long. The learned Judicial Magistrate First Class- Gariyaband, passed an order for grant of maintenance Rs. 2,000/- per month in favour of the respondent. Thereafter, the respondent had filed an application under Section 24 of Hindu Marriage Act for enhancing the maintenance amount and the same was allowed by learned Additional Sessions Judge, Gariyaband in Civil Suit No. 04-A/2016 by enhancing maintenance amount Rs. 2,000 to Rs. 2,500/- per month. The appellant is living at Rajim where the Tahsil Office, S.D.O. office and Court of Judicial Magistrate First Class are also situated at Rajim. The parents of appellant are also living with the appellant, therefore, the minor son Praveen Sahu can also avail the love of his grandmother and grandfather. Earlier, the appellant had filed an application under Section 26 of Hindu Marriage Act, 1955 before the learned Additional District Judge, Gariyaband for custody of minor child which was rejected vide order dated 21.11.2017, against which, an appeal was filed before this Court bearing FA No. 32/2018 and the same was decided by order dated 18.04.2018, whereby the liberty was granted in favour of appellant to file application before the competent Court having jurisdiction, hence, the appellant has filed application for custody of minor child Praveen Sahu.

3. Respondent Smt. Purnima Sahu has filed her reply wherein stated that she lives in her maternal home in village Torla, which is a very populated area and is situated at Raipur, Arang Gobra Navapara main road and nearby is Mandrol English Public School, where minor Praveen is studying in class-IIIrd and in village- Toral all the facilities are available for his minor son Praveen regarding his development. It is also alleged that the appellant is a drunkard and quarrelsome person and he often remains outside from the home. If her son Praveen is under the custody of the appellant, it will have a bad influence on him and his future and the appellant was having illicit relation with another lady, whom he wanted to marry, due to which, respondent was subjected to persecution by the appellant on the name of dowry and as such, he thrown her as well as his minor son out from the house and married with another lady and kept her with him in his house. It has also been alleged that since the age of one year, her minor son Praveen has been living with his maternal uncle (mama) and maternal aunt (mami) and with their sons in Village- Torla and all of them together are providing good education as well as manners and they are not allowing any kind of deficiency in the upbringing of minor son Praveen, however, her minor son does not want to reside with the appellant. The appellant subjected her to persecution and filed an application for divorce as he has married with one another lady and both are living together, in such a situation, giving minor son Praveen under the custody of the appellant may pose a threat to his life, his morals, his upbringing