ORDER

By the present miscellaneous appeal filed under Section 47 of Guardians and Wards Act, 1890, appellant has assailed the order dated 8.11.2019 passed in M.J.C No.03/2018 whereby learned First Additional District Judge, Signature Not Verified Signed by: MOHD IRFAN Waraseoni, District Balaghat has rejected the application filed by appellant under Section 25 of Guardians and Wards Act, 1890 (hereinafter referred to as "Act of 1890) for custody of his son Prateek - respondent No.2.

2. Bare facts of the case are that, appellant married to Reena on 7.5.2009 who is daughter of respondent No.1-Yashwantrai Meshram and respondent No.2- Prateek born out of wedlock on 8.8.2010. Later on, marriage was dissolved by decree of divorce passed by First Additional District Judge, Waraseoni, District Balaghat and Reena solemnized second marriage and now living with her second husband. However, respondent No.2 is living with his maternal grand parents at village Koliwada. Appellant preferred application under Section 25 of the Act of 1890 for custody of respondent no.2 on the ground that respondent No.1 is not financially capable to maintain respondent No.2 and appellant being natural guardian and f