IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANIL VERMA

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ON THE 18 OF FEBRUARY, 2026 FIRST APPEAL No. 1949 of 2025 SMT. PHOOL BAI Versus KUSHAL KUSHWAH Appearance:

Shri Nitin Goyal, Advocate for appellant.

Shri S. S. Rajput, Advocate for respondent.

ORDER Per: Justice Anil Verma Today, both the parties appeared before this Court in-person.

2. Minor child - Ayush has been brought before this Court by appellant/Smt. Phool Bai. Ayush submits that for so many years he is continuously living with her maternal grandmother and he is happy with her and in future he is willing to live with her maternal grand-mother only and he has categorically stated that he is not ready to live with his father.

3.Per contra, respondent - Kushal Kushwah stated that being biological father of minor child - Ayush, he is also his natural guardian, mother of minor child has been expired and he is also financially more capable than appellant. Therefore, he deserves for custody of minor child for his better future.

4. Both the parties heard finally.

5. Appellant has preferred this first appeal under Section 19 of the Family Courts Act, 1984( in short ' th