THIS MFA IS FILED UNDER SECTION 47(a) THE GUARDIANS AND WARDS ACT, 1890, AGAINST THE JUDGMENT AND DECREE DT.04.12.2021 PASSED IN G AND WC NO.06/2018 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANGERE, DISMISSING THE PETITION FILED UNDER SECTION 6(a) OF THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 R/W SECTION 7 OF THE GUARDIANS AND WARDS ACT, 1890.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal has been filed under Section 47(a) of the Guardians and Wards Act, 1890 impugning the judgment and decree dated 04.12.2021 in G and W.C.No.6/2018 passed by the Family Court, Davangere.

2. The Family Court has rejected the claim of the petitioner for custody of the child, Shubham @ Ganesh born out of the wedlock dated 02.01.2012. The petitioner has been given visitation rights vide impugned judgment and order dated 04.12.2021 to meet and interact with the child and take the child for outing and spend time with him on first Sunday of every month between 10:00 a.m. till 5:00 p.m. in the office of and under the Supervision of the Child Welfare Committee, Davanagere with prior intimation to the respondent and to her convenience.

3. The appellant, appearing as Party-in-person submits that the custody ought to have been given to him. He also submits that despite the order passed by the Family Court, the appellant now has been denied the right to visit the child.

4. Be that as it may, the child is now over 14 years of age, the appellant has liberty to move the Court under the Guardians and Wards Act, 1890 seeking modification of the order, if he is so advised.

5. With the aforesaid liberty, the appeal is disposed of.