Sakuntala Devi vs Rabindra Kumar Burnwal on 14 July, 2026

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    Jharkhand High Court

    Sakuntala Devi vs Rabindra Kumar Burnwal on 14 July, 2026

    Author: Sujit Narayan Prasad

    Bench: Sujit Narayan Prasad

                                                       2026:JHHC:20888-DB
    
    
    
    
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             F.A. No. 153 of 2019
    
              Sakuntala Devi, aged about 64 years, W/o Late
              Lakshman Modi, resident of Village-Domchanch, in front
              of Deepak Cement Centre, P.O. & P.S.-Domchanch,
              District-Koderma.
    
                                         Respondent No.3/Appellant
                                       Versus
              1.Rabindra Kumar Burnwal, aged about 36 years, son
              of Indradeo Modi, resident of village-Chandwar, Station
              Road Pipadih, P.O. & P.S. Chandwara, District-
              Koderma.        ....      Petitioner/Respondent
              2.Sunita Devi, aged about 30 years, W/o Rabindra
              Kumar Burnwal at present W/o Dheeraj Kumar Jain,
              D/o Late Lakshman Modi, R/o Ahirana, Ram Ghat,
              Ayodhaya, P.O. & P.S. Kotwali Ayodhaya, District -
              Faizabad (Uttar Pradesh.
                  ...Opp.Party/Performa Respondent/Respondent
    
                                 -------
           CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
             HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
    
                                       -------
            For the Appellant       : Mr. Sahil, Advocate
            For the Respondent      : Mrs. Rashmi Kumar, Advocate
                              ----------------------------
    
    CAV/Reserved on 03.07.2026           Pronounced on 14/07/2026
    Per Sujit Narayan Prasad, J.
    

    Prayer:

    1. The instant appeal, under Section 19(1) of the Family

    Court Act, 1984, is directed against the order/judgment

    dated 18.02.2019, passed by the learned Principal Judge,

    Family Court, Koderma in Original Suit No. 22 of 2018,

    whereby and whereunder the petition filed by the

    respondent no. 1 under Section 25 of the Guardian and

    Wards Act, 1890 for custody of minor children has been

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    allowed holding that the respondentno.1 being the natural

    guardian of minor Sarika Kumari is entitled for her

    custody.

    Brief facts of the case:

    SPONSORED

    2. The brief facts of the case, as taken note in the impugned

    order, needs to be referred herein as under:

    3. The petitioner, respondent no. 1 herein, was married with

    Sunita Devi [respondent no. 2 herein] in the month of

    April 2008 as per Hindu rites and customs prevailing in

    their caste. After the marriage they started living together

    as husband and wife and from the wedlock a female child

    was born on 30.05.2009 namely Sarika Kumari.

    4. It is further stated that the respondent Sunita Devi while

    living in the matrimonial home since beginning her

    attitude was non-cooperative and sometimes, she also

    quarrels with the petitioner. The respondent left the

    company of the petitioner. The father of the respondent,

    namely, Lakshman Modi was having business of stone

    chips. He had proposed the petitioner for partnership

    business and for that said Lakshman Modi taken Rs.

    2,65,000/- from the petitioner.

    5. It is alleged that the father of the respondent cheated the

    petitioner and when the petitioner demanded money then

    as per the petitioner, he was falsely implicated in a case by

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    filing a complaint through the respondent-wife, Sunita

    Devi vide complaint case No. 482/2010, in which, the

    petitioner was found guilty and accordingly convicted and

    released from custody on 06.05.2015.

    6. It has been stated that the petitioner came to know from

    the neighbour of Lakshman Modi when the petitioner was

    in custody that his wife Sunita Devi has performed second

    marriage with one Dheeraj Kumar Jain of village- Ahirana,

    Ramghat, Ayodhaya, P.S.- Kotawali Ayodhaya, District-

    Faizabad on 22.01.2014 as per Hindu rites and customs.

    It has been also stated that the respondent-Sunita Devi

    has blessed with a son from her second husband born on

    22.11.2014.

    7. The petitioner has stated that his wife Sunita Devi left her

    daughter Sarika Kumari uncared just like orphan with her

    father Lakshman Modi and mother Shakuntala Devi who

    were respondent no-2 and 3 before the family court.

    Lakshman Modi and Shakuntala Devi are parents of

    Sunita Devi.

    8. It is stated that the minor child of the petitioner is not

    being properly taken cared in their house. The petitioner

    being father and natural guardian of Sarika Kumari legally

    entitled to take custody of minor. In the plaint, further

    statement has been made that the mother of Sarika

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    Kumari has already solemnized second marriage and the

    minor child has been deserted by the respondent and said

    Sarika Kumari is being treated as family servant in the

    house of maternal grand-parents. On the aforesaid ground

    prayer has been made that the minor child would be better

    cared under the petitioner, so petitioner prayed for the

    custody of the minor being natural guardian.

    9. Notices were issued to the respondents. Although notice

    was served upon respondent No.1, Sunita Kumari [wife]

    through Speed-Post and publication in local newspaper

    but she did not appear, therefore, the suit proceeded ex-

    parte against her vide order dated 12.09.2018.

    10. Respondent Nos. 2 and 3, the maternal grand-parents of

    the minor and father and mother of Sunita Devi

    respectively, appeared and filed their show-cause reply.

    11. It has been replied that suit is not maintainable either in

    law or facts as such same is fit to be dismissed. It has

    been also stated that the petitioner [father of the ward] has

    no valid cause of action to bring the suit. It has been

    admitted that the respondent No.1 [Sunita Kumari] was

    married with the petitioner in the month of April 2008. It

    has been alleged that after few months of the marriage the

    petitioner started demanding additional dowry from the

    respondent No.1 and due to non-fulfillment of the demand

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    of additional dowry tortured started on the respondent

    No.1 in various ways.

    12. The respondent no. 2 and 3 have also replied that from the

    wedlock of the petitioner and respondent No.1 they

    blessed with a female child on 30.05.2009. It has been

    further replied that the petitioner never cared the newly

    born child nor provided any expenses during the birth of

    the child.

    13. The entire expenses were born by the father of the

    respondent No-1, Sunita Devi. It has been stated that the

    respondent No-1 was ousted from the matrimonial home

    along with the newly born baby born from the wedlock. It

    has further been stated that the petitioner was convicted

    on the complaint of the respondent No.1, Sunita devi, and

    was in judicial custody.

    14. It has been denied that the Sunita Devi had performed

    second marriage with Dheeraj Kumar Jain. It has further

    been submitted that even Sunita Devi is facing starvation

    as she has no source of income. It has been admitted by

    the respondents that they are the maternal grand-parents

    of Sarika Kumari. It has been also replied that the

    respondent No.2 and 3 have made entire expenses and

    maintaining Sarika Kumari and Sarika Kumari is studying

    in Central Convent Public School Domchanch in Class-IV.

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    It has been contended that Sarika Kumari is being cared

    in better way under the guardianship of respondent Nos. 2

    & 3 and the respondent have every apprehension that if

    the custody of minor Sarika Kumari will be given to the

    petitioner, then her life will be ruined. On the aforesaid

    ground, contention was made in the written statement

    that the petitioner is not entitled to get the custody of the

    child.

    15. The learned family court, on the basis of pleading available

    on record, framed the issues, and evidences were led on

    behalf of parties.

    16. The learned Family Court, upon due consideration of the

    settled principle governing custody that the welfare of the

    minor child is the paramount consideration and upon

    appreciation of the evidence adduced by both parties, was

    pleased to allow the suit.

    17. Aggrieved thereby, the present appeal has been preferred

    by respondent no. 3, who is the appellant herein, being

    the maternal grandmother of the minor female child.

    Submission of learned counsel for the appellant:

    18. The learned counsel for the appellant, who is maternal

    grandmother of the child has contended that the learned

    family court misconstrued the pleadings and evidences

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    adduced by the parties resulting into perverse findings,

    which vitiates the impugned judgment.

    19. Further submission has been made that the learned family

    court has failed to appreciate the evidences on record,

    which fully supported the contention of the appellant with

    respect to the fact that the respondent is a man of having

    criminal background and is a convicted person, whose

    conviction was even sustained up-to appellate court and

    after serving the sentence, he has come out from the jail.

    20. Further submission has been made that the learned

    Family Court did not appreciate the fact that respondent-

    father is a convicted person and had never taken care of

    his minor female child, namely, Sarika Kumari, right from

    her birth. Even the learned family court did not appreciate

    the evidence by the minor female child [D.W. 4-Sarika

    Kumari], who in her deposition has specifically deposed

    that she had not seen her father till date and is residing in

    her maternal grandmother’s house and is studying in a

    Convent School.

    21. Even the principal of the school, where the ward was

    studying, who has been examined as court witness no. 1,

    has deposed that the ward is topper in her class and is

    regular student, which shows that she is being properly

    cared at the house of the appellant and even the ward

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    herself showed her willingness to stay with the appellant

    and not with the respondent-father which fact ought to

    have considered by the learned family court because of the

    reason that right from the birth of Sarika Kumari, the

    respondent no.1 never come in contact with her.

    22. Submission has been made that admittedly the

    respondent no. 1 is the biological father of said Sarika

    Kumari, but he had never discharged the duty of father

    rather he committed cruelty upon her being a criminal

    minded person and had never taken care of her daughter

    and if the custody of child is given to him, there is every

    likelihood that her life would be ruined and no proper

    education could be extended to her which she is getting in

    her maternal grandmother’s house, but that aspect of the

    matter has completely been lost sight of by the learned

    family court while passing the impugned judgment.

    23. Further submission has been made that the appellant had

    sufficient mean to provide every sort of facilities for the

    welfare of the minor female child [Sarika Kumari] and even

    the appellant had discharged the above stated duties right

    from her birth and the minor female child also desirous to

    live with her maternal grandmother’s as she is emotionally

    attached with her.

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    24. Therefore, merely on the ground that the petitioner,

    respondent no. 1 herein, did not perform second marriage

    and is a natural father of the minor female child, Sarika

    Kumari, the learned family court while granting custody of

    the minor female child to the petitioner/respondent no. 1

    herein, has completely ignored the evidences adduced on

    behalf of appellant.

    25. Further submission has been made that soon after

    passing of the impugned judgment and decree, the

    petitioner, the respondent no. 1 herein, performed second

    marriage with one Kajal Kumari on 08.03.2019, which

    shows the intention of the petitioner, and it is hard to

    believe that a step-mother would take care of child other

    than her own.

    26. Learned counsel for the appellant has further submitted

    that when the very basis of passing impugned judgment

    that the petitioner-father had not performed second

    marriage has now gone, the impugned judgment requires

    interference by this Court.

    27. The learned counsel for the appellant based upon the

    aforesaid ground has submitted that since there is no

    consideration of these facts by learned trial court, as such

    the impugned judgment requires interference by this

    Court.

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    Submission of learned counsel for the respondent no. 1:

    28. Per contra, learned counsel for the respondent no. 1, the

    father of the ward, has taken the various grounds in

    defending the order passed by the learned family court.

    29. Submission has been made that the wife of respondent

    no.1 namely Sunita Devi, was ill-behaviour lady and she

    left the company of the petitioner (respondent no.1 herein).

    It is stated that the father of the Sunita Devi, namely,

    Lakshman Modi was having business of stone chips, in

    which, he had proposed the petitioner/respondent no.1 for

    partnership business and for that said Lakshman Modi

    taken Rs. 2,65,000/- from the petitioner/respondent no.1.

    30. But the father of the Sarita kumari cheated the

    petitioner/respondent no.1. and when the petitioner

    demanded money then he was falsely implicated in a case

    by filing a complaint through the respondent-wife, Sunita

    Devi vide complaint case No. 482/2010, in which, the

    petitioner was convicted and released from custody on

    06.05.2015.

    31. It has been stated that when the respondent

    no.1/petitioner was in custody that his wife Sunita Devi

    performed second marriage with one Dheeraj Kumar Jain

    on 22.01.2014 as per Hindu rites and customs, wherefrom

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    she blessed with a son from her second husband born on

    22.11.2014.

    32. Further submission has been made that his wife Sunita

    Devi left her daughter Sarika Kumari uncared just like

    orphan with her father Lakshman Modi and mother

    Shakuntala Devi who were respondent no-1 and 2 before

    the family court.

    33. Learned counsel for the respondent no. 1 has further

    submitted that the minor child of the petitioner/

    respondent, since was not being properly cared, as such,

    the petitioner/respondent being the father and natural

    guardian of Sarika Kumari is legally entitled to take

    custody of minor female child, and the said fact has been

    taken note of learned family court and accordingly custody

    of minor female child has been handed over to the

    petitioner/respondent i.e. father of female minor child.

    34. The learned family court based upon the aforesaid ground

    and on consideration of the aforesaid fact has passed the

    impugned judgment which requires no interference by this

    Court.

    Analysis

    35. We have heard learned counsel for the parties and gone

    through pleading available on record as also the finding

    recorded by learned family court.

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    36. This Court, before going to examine as to whether the

    finding recorded by learned family court allowing the

    custody of the minor daughter to the father, the

    respondent no. 1 herein, requires interference needs to

    refer herein the provision of law as provided under the

    Hindu Minority and Guardianship Act, 1956 and as also

    the Guardians and Wards Act, 1890.

    37. Section 6 of the Hindu Minority and Guardianship Act,

    1956 deals with natural guardian of a Hindu minor,

    Section 9 thereof deals with the testamentary guardians

    and their powers and Section 13 deals with the provision

    of welfare of the minor to be paramount consideration. For

    ready reference, these provisions are quoted as under:

    “6. Natural guardians of a Hindu minor.–The natural
    guardians of a Hindu minor; in respect of the minor’s
    person as well as in respect of the minor‟s property
    (excluding his or her undivided interest in joint family
    property), are–

    (a) in the case of a boy or an unmarried girl–the
    father, and after him, the mother: provided that the
    custody of a minor who has not completed the age of
    five years shall ordinarily be with the mother;

    (b) in the case of an illegitimate boy or an illegitimate
    unmarried girl–the mother, and after her, the father;

    (c) in the case of a married girl–the husband: Provided that
    no person shall be entitled to act as the natural guardian of
    a minor under the provisions of this section–

    (a) if he has ceased to be a Hindu, or

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    (b) if he has completely and finally renounced the
    world by becoming a hermit (vanaprastha) or an
    ascetic (yati or sanyasi).

    Explanation.–In this section, the expressions “father”
    and “mother” do not include a step-father and a step-
    mother.

    9. Testamentary guardians and their powers.–(1) A
    Hindu father entitled to act as the natural guardian
    of his minor legitimate children may, by will appoint a
    guardian for any of them in respect of the minor‟s person or
    in respect of the minor‟s property (other than the undivided
    interest referred to in section 12) or in respect of both. (

    2) An appointment made under sub-section (1) shall have no
    effect if the father predeceases the mother, but shall revive
    if the mother dies without appointing, by will, any person
    as guardian.

    (3) A Hindu widow entitled to act as the natural guardian of
    her minor legitimate children, and a Hindu mother entitled
    to act as the natural guardian of her minor legitimate
    children by reason of the fact that the father has become
    disentitled to act as such, may, by will, appoint a guardian
    for any of them in respect of the minor‟s person or in respect
    of the minor‟s property (other than the undivided interest
    referred to in section 12) or in respect of both.

    (4) A Hindu mother entitled to act as the natural guardian of
    her minor illegitimate children may; by will, appoint a
    guardian for any of them in respect of the minor‟s person or
    in respect of the minor’s property or in respect of both.

    (5) The guardian so appointed by will has the right to act as
    the minor‟s guardian after the death of the minor‟s father or
    mother, as the case may be, and to exercise all the rights of
    a natural guardian under this Act to such extent and
    subject to such restrictions, if any, as are specified in this
    Act and in the will.

    (6) The right of the guardian so appointed by will shall,
    where the minor is a girl, cease on her marriage.

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    13. Welfare of minor to be paramount
    consideration.–(1) In the appointment of declaration
    of any person as guardian of a Hindu minor by a
    court, the welfare of the minor shall be the
    paramount consideration.

    (2) No person shall be entitled to the guardianship by
    virtue of the provisions of this Act or of any law
    relating to guardianship in marriage among Hindus,
    if the court is of opinion that his or her guardianship
    will not be for the welfare of the minor.”

    38. It needs to refer herein that under Section 6 of the Hindu

    Minority and Guardianship Act, 1956, it has specifically

    been mentioned, as per the relevancy of the case herein

    that the natural guardians of a Hindu minor; in the case

    of an unmarried girl is –the father, and after him, the

    mother, provided that the custody of a minor who has not

    completed the age of five years shall ordinarily be with the

    mother. But, herein, the female child was 9 years at the

    time of filing of the suit.

    39. Now, coming to Section 9 wherein also, which speaks

    about testamentary guardians and their powers, which

    also provided that a Hindu father shall be entitled to act

    as the natural guardian of his minor legitimate children.

    40. However, Section 13 of the Act speaks about welfare of

    minor is of paramount consideration and it has been

    specifically mentioned that in case of appointment of

    declaration of any person as guardian of a Hindu minor by

    a court, the welfare of the minor shall be the paramount

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    consideration. Further, it has in unequivocal term has

    mentioned that no person shall be entitled to the

    guardianship by virtue of the provisions of this Act or of

    any law relating to guardianship in marriage among

    Hindus, if the court is of opinion that his or her

    guardianship will not be for the welfare of the minor.

    Meaning thereby, it is the bounden duty of the Court to

    ascertain of whose custody the welfare of the minor would

    be and then only, the custody of the minor child is to be

    given.

    41. In this regard, it further requires refer herein the

    provisions of Guardians and Wards Act, 1890, wherein the

    word ‗minor‟, ‗guardian‟ and also the „the power of the court

    to make order as to guardianship’ has been mentioned. For

    ready reference, the relevant provision of the Act, 1890 is

    quoted as under:

    “4. (1) “minor” means a person who, under the provisions
    of the Indian Majority Act, 1875, (9 of 1875) is to be deemed
    not to have attained his majority:

    (2) “guardian” mean‟s a person having the care of the
    person of a minor or of his property, or of both is person and
    property:

    7. Power of the Court to make order as to
    guardianship. –(1) where the Court is satisfied that it is
    for the welfare of a minor that an order should be made–

    (a) appointing a guardian of his person or property, or both,
    or (b) declaring a person to be such a guardian, the Court
    may make an order accordingly. (2) An order under this
    section shall imply the removal of any guardian who has

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    not been appointed by will or other instrument or appointed
    or declared by the Court. (3) Where a guardian has been
    appointed by will or other instrument or appointed or
    declared by the Court, an order under this section
    appointing or declaring another person to be guardian in his
    stead shall not be made until the powers of the guardian
    appointed or declared as aforesaid have ceased under the
    provisions of this Act.

    17. Matters to be considered by the Court in appointing
    guardian. –(1) In appointing or declaring the guardian of a
    minor, the Court shall, subject to the provisions of this
    section, be guided by what, consistently with the law to
    which the minor is subject, appears in the circumstances to
    be for the welfare of the minor. (2) In considering what will
    be for the welfare of the minor, the Court shall have regard
    to the age, sex and religion of the minor, the character and
    capacity of the proposed guardian and his nearness of kin
    to the minor, the wishes, if any, of a deceased parent, and
    any existing or previous relations of the proposed guardian
    with the minor or his property. (3) If the minor is old enough
    to form an intelligent preference, the Court may consider
    that preference. 1 * * * * * (5) The Court shall not appoint or
    declare any person to be a guardian against his will.”

    42. The law, therefore, is well settled that even though the

    father is the natural guardian as stipulated in the statute

    but the paramount consideration in the matter of handing

    over the custody of the child is welfare of the child.

    43. The law relating to custody of minors has received an

    exhaustive consideration by the Hon’ble Apex Court in a

    series of pronouncements. In the case of Gaurav

    Nagpal v. Sumedha Nagpal (2009) 1 SCC 42 the

    principles of English and American law in this regard were

    considered by Hon’ble Apex Court to hold that the legal

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    position in India is not in any way different. Noticing the

    judgment of the Bombay High Court in Saraswatibai

    Shripad Ved v. Shripad Vasanji Ved [AIR 1941 Bom

    103] , Rosy Jacob v. Jacob A. Chakramakkal (1973) 1

    SCC 840 and Thrity Hoshie Dolikuka v. Hoshiam

    Shavaksha Dolikuka (1982) 2 SCC 544, the Hon’ble

    Apex eventually concluded in paras 50 and 51 which

    reads as under:

    “50.That when the court is confronted with conflicting
    demands made by the parents, each time it has to justify the
    demands. The court has not only to look at the issue on
    legalistic basis, in such matters human angles are relevant
    for deciding those issues. The court then does not give
    emphasis on what the parties say, it has to exercise a
    jurisdiction which is aimed at the welfare of the minor. As
    observed recently in Mausami Moitra Ganguli
    case [Mausami Moitra Ganguli v. Jayant Ganguli, (2008) 7
    SCC 673] , the court has to give due weightage to the child’s
    ordinary contentment, health, education, intellectual
    development and favourable surroundings but over and
    above physical comforts, the moral and ethical values have
    also to be noted. They are equal if not more important than
    the others.

    51. The word „welfare‟ used in Section 13 of the Act has to
    be construed literally and must be taken in its widest sense.
    The moral and ethical welfare of the child must also weigh
    with the court as well as its physical well-being. Though the
    provisions of the special statutes which govern the rights of
    the parents and guardians may be taken into consideration,
    there is nothing which can stand in the way of the court
    exercising its parens patriae jurisdiction arising in such
    cases.”

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    44. Thus, the Hon’ble Apex Court has categorically held that

    while considering the issue of custody of the minor child

    the court has not only to look at the issue on legalistic

    basis, in such matters human angles are relevant for

    deciding those issues. Further it has been held that the

    Court should not emphasis only on what the parties say

    rather the welfare of the minor should be paramount

    consideration. Further the Hon’ble Apex Court has opined

    that the Court has to give due weightage to the child’s

    ordinary contentment, health, education, intellectual

    development and favourable surroundings but over and

    above physical comforts, the moral and ethical values have

    also to be noted.

    45. The Hon’ble Apex Court in the aforesaid Judgment

    interpreted the word ‗welfare’ used in Section 13 of the Act

    and has observed that it must be taken in its widest

    sense, though the provisions of the special statutes which

    govern the rights of the parents and guardians may be

    taken into consideration, there is nothing which can stand

    in the way of the court exercising its ―parens patriae

    jurisdiction‖ arising in such cases.

    46. It needs to refer herein that in child custody matters, the

    court’s “parens patriae” jurisdiction empowers the Court to

    act as a guardian for the child, prioritizing their best

    interests above all else. This principle, allows the court to

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    intervene and make decisions that protect the child’s

    welfare, even if it means overriding the wishes of the

    parents or guardians.

    47. In the case of Nil Ratan Kundu v Abhijit Kundu, 2008

    (9) SCC 413 the Hon’ble Apex Court has held that in

    deciding a difficult and complex question as to the custody

    of a minor, a court of law should keep in mind the relevant

    statutes and the rights flowing therefrom. But such cases

    cannot be decided solely by interpreting legal provisions. It

    is a human problem and is required to be solved with

    human touch. A court while dealing with custody cases, is

    neither bound by statutes nor by strict rules of evidence or

    procedure nor by precedents. In selecting proper guardian

    of a minor, the paramount consideration should be the

    welfare and well-being of the child. In selecting a guardian,

    the court is exercising ―parens patriae jurisdiction‖ and is

    expected, nay bound, to give due weight to a child’s

    ordinary comfort, contentment, health, education,

    intellectual development and favourable surroundings.

    But over and above physical comforts, moral and ethical

    values cannot be ignored. They are equally, or we may say,

    even more important, essential and indispensable

    considerations. If the minor is old enough to form an

    intelligent preference or judgment, the court must

    consider such preference as well, though the final decision

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    should rest with the court as to what is conducive to the

    welfare of the minor.

    48. In the case of Yashita Sahu v State of Rajasthan,

    (2020) 3 SCC 67, the Hon’ble Apex Court has propounded

    that the welfare of the child is paramount in matters

    relating to custody. In this context, we may refer to Para

    22 thereof, which reads as follows:

    22. A child, especially a child of tender years requires the
    love, affection, company, protection of both parents. This is
    not only the requirement of the child but is his/her basic
    human right. Just because the parents are at war with
    each other, does not mean that the child should be denied
    the care, affection, love or protection of any one of the two
    parents. A child is not an inanimate object which can be
    tossed from one parent to the other. Every separation, every
    reunion may have a traumatic and psychosomatic impact
    on the child. Therefore, it is to be ensured that the court
    weighs each and every circumstance very carefully before
    deciding how and in what matter the custody of the child
    should be shared between both the parents. Even if the
    custody is given to one parent the other parent must have
    sufficient visitation rights to ensure that the child keeps in
    touch with the other parent and does not lose social,
    physical and psychological contact with any one of the two
    parents. It is only in extreme circumstances that one parent
    should be denied contact with the child. Reasons must be
    assigned if one parent is to be denied any visitation rights
    or contact with the child. Courts dealing with the custody
    matters must while deciding issues of custody clearly
    define the nature, manner and specifics of the visitation
    rights.‟

    49. In the case of Gaytri Bajaj v. Jiten Bhalla, (2012) 12

    SCC 471, the Hon’ble Apex Court has observed that it is

    20
    2026:JHHC:20888-DB

    the welfare and interest of the child and not the rights of

    the parents which is the determining factor for deciding

    the question of custody and the question of welfare of the

    child has to be considered in the context of the facts of

    each case and decided cases on the issue may not be

    appropriate to be considered as binding precedents. For

    ready reference the relevant paragraph of the aforesaid

    judgment is being quoted as under:

    14. From the above it follows that an order of custody of
    minor children either under the provisions of the
    Guardians and Wards Act, 1890 or the Hindu
    Minority and Guardianship Act, 1956
    is required to
    be made by the court treating the interest and
    welfare of the minor to be of paramount importance.

    It is not the better right of either parent that would require
    adjudication while deciding their entitlement to custody.
    The desire of the child coupled with the availability of a
    conducive and appropriate environment for proper
    upbringing together with the ability and means of the
    parent concerned to take care of the child are some of the
    relevant factors that have to be taken into account by the
    court while deciding the issue of custody of a minor. What
    must be emphasised is that while all other factors are
    undoubtedly relevant, it is the desire, interest and welfare
    of the minor which is the crucial and ultimate consideration
    that must guide the determination required to be made by
    the court.

    50. It is settled position of law that there cannot be any

    straitjacket formula in the matters of custody. „Welfare of

    the child‟ is of paramount importance, reference in this

    regard may be taken from the judgment rendered by the

    21
    2026:JHHC:20888-DB

    Hon’ble Apex Court in the case of Gautam Kumar

    Das v. State (NCT of Delhi), (2024) 10 SCC 588.

    51. In the case of Shazia Aman Khan v. State of Orissa,

    (2024) 7 SCC 564 the Hon’ble Apex Court while referring

    the ratio of Nil Ratan Kundu v. Abhijit Kundu, (2008) 9

    SCC 413 has observed that welfare of the children is to be

    seen and not the rights of the parties, the relevant

    paragraph of the aforesaid judgment is being quoted as

    under:

    “19. In Nil Ratan Kundu v. Abhijit Kundu [Nil Ratan
    Kundu
    v. Abhijit Kundu, (2008) 9 SCC 413] , this Court
    laid down the principles governing custody of minor
    children and held that welfare of the children is to be seen
    and not the rights of the parties by observing as under :

    (SCC pp. 428-29, paras 52 & 55)
    ―Principles governing custody of minor children

    52. In our judgment, the law relating to custody of a child
    is fairly well-settled and it is this. In deciding a difficult
    and complex question as to the custody of minor, a court
    of law should keep in mind relevant statutes and the
    rights flowing therefrom. But such cases cannot be
    decided solely by interpreting legal provisions. It is a
    human problem and is required to be solved with human
    touch. A court while dealing with custody cases, is neither
    bound by statutes nor by strict rules of evidence or
    procedure nor by precedents. In selecting proper guardian
    of a minor, the paramount consideration should be the
    welfare and well-being of the child. In selecting a
    guardian, the court is exercising parens
    patriae jurisdiction and is expected, nay bound, to give
    due weight to a child’s ordinary comfort, contentment,
    health, education, intellectual development and favourable
    surroundings. But over and above physical comforts,

    22
    2026:JHHC:20888-DB

    moral and ethical values cannot be ignored. They are
    equally, or we may say, even more important, essential
    and indispensable considerations. If the minor is old
    enough to form an intelligent preference or judgment, the
    court must consider such preference as well, though the
    final decision should rest with the court as to what is
    conducive to the welfare of the minor.

    ***

    55. We are unable to appreciate the approach of the courts
    below. This Court in a catena of decisions has held that the
    controlling consideration governing the custody of children
    is the welfare of children and not the right of their parents.‖
    (emphasis supplied)

    21. This Court in Roxann Sharma v. Arun Sharma [Roxann
    Sharma
    v. Arun Sharma, (2015) 8 SCC 318 : (2015) 4 SCC
    (Civ) 87] , opined that the child is not a chattel or ball that
    it is bounced to and fro. Welfare of the child is the focal
    point. Relevant lines from para 18 are reproduced
    hereunder : (SCC p. 328)
    ―18. … There can be no cavil that when a court is
    confronted by conflicting claims of custody there are no
    rights of the parents which have to be enforced; the
    child is not a chattel or a ball that is bounced to and
    fro the parents. It is only the child’s welfare which is
    the focal point for consideration. Parliament rightly
    thinks that the custody of a child less than five years
    of age should ordinarily be with the mother and this
    expectation can be deviated from only for strong
    reasons.‖

    20. This Court has consistently held that welfare of the
    child is of paramount consideration and not personal law
    and statute. In Ashish Ranjan v. Anupma Tandon [Ashish
    Ranjan
    v. Anupma Tandon, (2010) 14 SCC 274 : (2011) 4
    SCC (Civ) 948] , this Court held as under : (SCC p. 282,
    para 19)
    ―19. The statutory provisions dealing with the custody
    of the child under any personal law cannot and must
    not supersede the paramount consideration as to what
    is conducive to the welfare of the minor. In fact, no

    23
    2026:JHHC:20888-DB

    statute on the subject, can ignore, eschew or obliterate
    the vital factor of the welfare of the minor.‖

    22. Another principle of law which is settled with
    reference to custody of the child is the wish of the child, if
    she is capable of. Reference can be made to Rohith
    Thammana Gowda v. State of Karnataka [Rohith
    Thammana Gowda v. State of Karnataka, (2022) 20 SCC
    550 : 2022 SCC OnLine SC 937] case. It was held as
    under : (SCC para 18)
    “18. We have stated earlier that the question „what is
    the wish/desire of the child‟ can be ascertained through
    interaction, but then, the question as to „what would be
    the best interest of the child‟ is a matter to be decided
    by the court taking into account all the relevant
    circumstances. A careful scrutiny of the impugned
    judgment would, however, reveal that even after
    identifying the said question rightly the High Court had
    swayed away from the said point and entered into
    consideration of certain aspects not relevant for the said
    purpose. We will explain the raison d’etre for the said
    remark.”

    52. Thus, from the aforesaid settled position of law it is

    evident that the consideration governing the custody of

    children is the ―welfare of the children‖. Further, the

    welfare of child is determined neither by economic

    affluence nor a deep mental or emotional concern for the

    well-being of the child. The answer depends on the

    balancing of all these factors and determining what is best

    for child’s total well-being.

    53. In the backdrop of the provisions of law and judicial

    pronouncements, in order to assess the welfare of the

    24
    2026:JHHC:20888-DB

    minor child, we have gone through the oral evidence

    adduced by the parties.

    54. PW-1, Sanjeev Kumar, in his testimony has stated that he

    is engaged in teaching profession for the last 15 years. He

    knows Rabindra Kumar Burnwal; Sunita Devi; Laxman

    Modi and Shakuntala Devi. Sunita Devi is the wife of

    Rabindra Kumar Burnwal and Shakuntala Devi and

    Laxman Modi is the father-in-law and mother-in-law of

    Rabindra Kumar Burnwal. The marriage of Sunita Devi

    and Rabindra Kumar Burnwal was solemnized in the year

    2008 and after one year of marriage they were blessed

    with one daughter. He further deposed that father of

    Sunita Devi, namely, Laxman Modi was engaged in

    business of Crusher and Rabindra Kumar Burnwal gave

    Rs. 2,65,000/- for making partner of business but

    Laxman Modi did not make him partner. He further

    deposed that when Rabindra Kumar Burnwal demanded

    his money back, Laxman Modi made a case lodged under

    Section 498A by her daughter Sunita Devi, in which

    Rabindra had to go to Jail. After that Sunita Devi

    solemnized second marriage with one Dhiraj Kumar Jain.

    He has further deposed that daughter of the petitioner

    [Rabindra Kumar Burnwal], namely, Sarika Kumari was

    kept by Laxman Modi and her mother Sunita Devi left her

    daughter Sarika Devi after solemnizing second marriage.

    25

    2026:JHHC:20888-DB

    He has further submitted that the Rabindra Kumar

    Burnwal has sufficient means to take care of his daughter

    and he has paternal property also.

    55. In cross-examination, though he has stated that Sunita

    Devi has solemnized second marriage but he did not go

    there.

    56. P.W. 2-Indradeo Modi, is the father of the petitioner. He

    has also fully supported the case of the petitioner and

    nothing comes in his cross-examination.

    57. P.W.-2 has deposed that petitioner is his son whereas the

    respondent No.2 & 3 are his Samdhi. The witness has

    deposed that Sunita Devi, the respondent No.1 was the

    wife of the petitioner. It has been also stated that

    Lakshman Modi, the respondent No.2 died during the

    proceeding of the case. The marriage between petitioner

    and the respondent No.1 was solemnized in the year 2008

    and from the wedlock Sarika Kumari was born who is

    presently aged about nine and half years old. It has been

    deposed that the petitioner and the father of the Sunita

    Devi were partners in business of crusher mill, when the

    petitioner wanted to withdraw from partnership and

    demanded his share of money from the respondent No.2,

    then in connivance with his daughter, the petitioner was

    falsely implicated in dowry case. It has been also deposed

    26
    2026:JHHC:20888-DB

    that when the petitioner was in custody, the said

    Lakshman Modi solemnized the second marriage of Sunita

    Devi with one Dhiraj Kumar Jain without seeking divorce

    from the petitioner and presently the said Sunita Devi is

    residing in Ramghat Ayodhya in village Ahirana. It is also

    deposed that from the wedlock of second marriage there is

    a son born to respondent no-1. The witness has deposed

    that the maternal grandparents of the Sarika Kumar are

    old aged, so respondent no-3 is not able to properly care

    the minor Sarika Kumari. There is nothing relevant has

    come in his cross-examination of this witness to discuss

    here.

    58. P.W. 3-Rabindra Kumar Burnwal is the petitioner himself,

    who has deposed that he was married with Sunita Devi in

    the year 2008 as per Hindu rites and customs and from

    the wedlock he was blessed with a daughter who is

    presently aged about nine and half years old. The witness

    has deposed that respondents No. 2 and 3 are father-in-

    law and mother-in-law of the witness. The father-in-law

    the respondent no-2 has already died during the pendency

    of the case. The witness has also stated that the dispute

    arose between him and the said Lakshman Modi as

    because they were partners in a crusher mill business and

    when the petitioner demanded money of his share to

    withdraw from partnership business then the witness

    27
    2026:JHHC:20888-DB

    (Petitioner) was falsely implicated in a dowry case by his

    wife on the instruction of her father. The petitioner was

    convicted U/s 498A of IPC and now released from custody

    after serving the sentence. It has been also deposed that

    the respondent No.1 was married with one Dhiraj Kumar

    Jain resident of Ahirana Ramghat Ayodhya on 22.01.2014

    and from the second marriage, the wife of the witness has

    blessed with a son.

    59. The witness has deposed that after the marriage his wife,

    the respondent No.1 left the daughter born from the

    wedlock namely Sarika Kumari with her parents and went

    to her matrimonial home at Ayodhya. The witness has

    further deposed that he has sufficient money to maintain

    his daughter. It has been deposed that Shakuntala Devi is

    not able to properly take care of his daughter. The witness

    is not even allowed to meet his daughter when he had

    gone to visit on 06.05.2015.

    60. In his cross-examination, he has deposed that since

    August 2009, he is living separately from the respondent

    no-1 and he is not in contact. The witness has stated that

    he has made entire expenses in the birth of his daughter

    Sarika Kumari. The witness has denied the suggestion

    that he has deposed falsely in the affidavit.

    28

    2026:JHHC:20888-DB

    61. P.W.- 4 Sushila Devi, is the mother of the petitioner. She

    has deposed identical facts in her affidavit as stated by the

    P.W.-2 and P.W.-3. So, the same is not being reproduced

    for the sake of brevity.

    62. The other side has also adduced their evidence on

    affidavit.

    63. Out of that the most important witnesses is the mother-in-

    law of the petitioner-respondent, [the appellant herein]

    who has been examined as DW-3 Shakuntala Devi, has

    also admitted the marriage of Sunita Devi with Ravindra

    Kumar Burnwal, the petitioner-appellant herein in the

    year 2008 and also admitted that a female child namely

    Sarika Kumari born out of their wedlock who was aged

    about nine years at the time of deposition. She (DW-3) has

    deposed that due to the dispute between the petitioner

    and his wife (Respondent no-1) was brought to the

    parental house where she was blessed with a female child

    and the entire expenses during delivery was born by the

    respondents. She also deposed that after the death of her

    husband she is looking after the child and bearing entire

    expenses of her study and other needs.

    64. She further deposed that there is no danger to the life of

    said Sarika Kumari. In her cross-examination, the witness

    has disclosed that the admission of Sarika Kumar was

    29
    2026:JHHC:20888-DB

    done by the husband of the witness. She admitted the

    name of father of Sarika Kumari is Ravindra Prasad

    Burnwal. It is also admitted by the witness that this case

    has been filed by the petitioner after release from judicial

    custody. The petitioner was convicted in case No.

    440/2015.

    65. DW-4- Sarika Kumari, is the minor daughter of petitioner

    respondent (herein) who has deposed that she has come to

    the court from her maternal grand-parents house. She

    stated that till date she has not seen her father. It is also

    stated that she is studying in class-IV in Central Convent

    Public School, Giridih road, Domchanch. The school fee is

    Rs. 500/-, the fee is paid by the maternal grand-mother of

    the witness.

    66. In her cross-examination, she has stated that her mother

    is not staying with her. In paragraph-7 of her cross-

    examination, the witness has admitted that she has

    occasionally seen her mother. It is also admitted by the

    witness that she has never seen her mother staying with

    her. It is also admitted that her maternal grand-mother is

    not doing anything. The witness deposed that she has two

    maternal uncle who are looking after the petitioner. The

    children of maternal uncle are not studying in the school

    in which the witness is studying. The sons of the maternal

    30
    2026:JHHC:20888-DB

    uncle are studying in GS Public School and Lakshya

    Convent School.

    67. The other two witnesses examined as DW-1 Manohar

    Pandey and DW- 2 Mathura Modi have also stated almost

    same facts which are mentioned in the show-cause and

    deposed before the learned Family court by the DW-3 and

    DW-4. Therefore, their version is not repeated herein for

    the sake for convenience.

    68. The learned family Court has examined the headmaster of

    the Central Public School as Court witness to know about

    the study of the child. As per the headmaster the said

    Sarika Kumari attend the class regularly, her performance

    in the school is also average.

    69. From the pleadings available on record, it is evident that

    admittedly the suit was filed by the father for custody of

    the minor female child aged about 9 years at the time of

    filing of the suit.

    70. It is a settled position of law as discussed and referred

    hereinabove that in all matters of custody irrespective of

    the law under which the same is sought, the welfare of the

    child is of paramount-importance.

    71. The Court has not only to look at the issue on legalistic

    basis but has to take into consideration the human angles

    as well.

    31

    2026:JHHC:20888-DB

    72. From the testimonies of the witnesses and pleadings

    available on record, it is admitted fact that the petitioner,

    the respondent no. 1 herein, was married with Sunita Devi

    [respondent no. 2/performa respondent herein] in the

    month of April 2008 as per Hindu rites and customs

    prevailing in their caste. After the marriage they started

    living together as husband and wife and from the wedlock

    a female child was born on 30.05.2009 namely Sarika

    Kumari, for whose custody, the proceeding is before this

    Court.

    73. It is the case of the petitioner-respondent no. 1 herein that

    respondent Sunita Devi-wife while living in the

    matrimonial home since beginning her attitude was non-

    cooperative and sometimes, she also quarrels with the

    petitioner and she left the company of the petitioner.

    74. It is alleged that the father of the respondent/performa

    respondent cheated the petitioner/respondent and when

    the petitioner/respondent demanded money then as per

    the petitioner/respondent he was falsely implicated in a

    case by filing a complaint through the respondent-wife,

    Sunita Devi vide complaint case No. 482/2010, in which,

    the petitioner/respondent was found guilty and

    accordingly convicted and released from custody on

    06.05.2015.

    32

    2026:JHHC:20888-DB

    75. It is further the case of the petitioner, who is respondent

    no. 1 herein, that during the period of his custody he came

    to know that his wife, Sunita Devi, had contracted a

    second marriage with one Dheeraj Kumar Jain on

    22.01.2014, and that from the said wedlock a male child

    was born on 22.11.2014.

    76. It is the case of the petitioner/respondent that his wife

    Sunita Devi left her daughter Sarika Kumari uncared just

    like orphan and further the father of Sunita Devi namely

    Lakshman Modi, died during pendency of the suit. Under

    the aforesaid background, the petitioner being father and

    natural guardian of Sarika Kumari filed the suit being

    stating that he is legally entitled to take custody of minor.

    77. Here, it would be mention that in spite of notices being

    issued to the respondent-wife [Sunita Devi], and all efforts

    to secure her appearance even by way of paper

    publication, she did not appear, therefore, the suit

    proceeded ex-parte by the learned family court against her

    vide order dated 12.09.2018.

    78. It further needs to mention herein that from the pleadings

    available on record, it further appears that no efforts have

    been taken by the respondent-wife [Sunita Devi] for

    custody of the minor child rather the appeal has been filed

    by the maternal grandmother, who is aged about 71 years

    33
    2026:JHHC:20888-DB

    as of now admittedly having no independent source of

    income.

    79. Before the learned family court, the respondent Nos. 2 and

    3, the maternal grand-parents of the minor and father of

    Sunita Devi respectively, appeared before the learned

    family court and filed their show-cause.

    80. It has been admitted that the respondent No.1 [Sunita

    Kumari] was married with the petitioner in the month of

    April 2008. It has further been stated that the petitioner

    was convicted on the complaint of Sunita Devi, and was in

    judicial custody. However, it has been denied that the

    Sunita Devi had performed second marriage with Dheeraj

    Kumar Jain.

    81. Before the learned family Court, the witnesses produced

    on behalf of petitioner/respondent Rabindra Kumar

    Burnwal fully support the case of the petitioner. They all

    in one voice has deposed that Rabindra Kumar Burnwal

    (respondent/petitioner) invested some money in the Stone

    Chip business of his father-in-law and when Rabindra

    Kumar Burnwal demanded his money back, his father-in-

    law, namely, Laxman Modi made a case lodged under

    Section 498A by her daughter Sunita Devi, in which

    Rabindra had to go to Jail. After that the wife of the

    34
    2026:JHHC:20888-DB

    petitioner, Sunita Devi solemnized second marriage with

    one Dhiraj Kumar Jain.

    82. They have further deposed that daughter of the petitioner

    [Rabindra Kumar Burnwal], namely, Sarika Kumari was

    kept by Laxman Modi and her mother Sunita Devi left her

    daughter Sarika Kumari after solemnizing second

    marriage.

    83. They have further submitted that the Rabindra Kumar

    Burnwal has sufficient means to take care of his daughter

    and he has paternal property also.

    84. Whereas, the other side witness, in particular, the

    appellant, who is DW-3 Shakuntala Devi, has deposed

    that the petitioner tortured her daughter and ousted her

    daughter and her grand-daughter [Sarika Kumari] from

    his house and since then they are living with them. She

    has denied that Sunita Devi has solemnized second

    marriage. But admittedly, even after being noticed she did

    not appear to prove the factum of second marriage.

    85. The most important witness herein is the child, who was

    examined as DW-4- Sarika Kumari, who is the minor

    daughter of petitioner and respondent No.1 before the

    Original Suit [Sunita Devi], who in her cross-examination,

    has stated that her mother is not staying with her. In

    paragraph-7 of her cross-examination, the witness has

    35
    2026:JHHC:20888-DB

    admitted that she has occasionally seen her mother. It is

    also admitted by the witness that she has never seen her

    mother staying with her. It is also admitted that her

    maternal grand-mother is not doing anything. The

    children of maternal uncle are not studying in the school

    in which the witness is studying. The sons of the maternal

    uncle are studying in GS Public School and Lakshya

    Convent School.

    86. The learned family Court has examined the headmaster of

    the Central Public School as Court witness to know about

    the study of the child. As per the headmaster the said

    Sarika Kumari attend the class regularly, her performance

    in the school is also average.

    87. Here, it would be mention that document was filed by the

    petitioner/respondent which has been marked as Ext/-1

    to Ext.-4 which reveals that the respondent No.2 [Sunita

    Devi] solemnized the second marriage with Dhiraj Kumar

    Jain.

    88. It needs to refer herein that in the case at hand, at the

    relevant time the minor female was aged about nine

    years. At this age the minor cannot exercise her discretion

    intelligently. She lives under the influence of a person with

    whom she is living and exercises the discretion as

    suggested by that person. The court should be very

    36
    2026:JHHC:20888-DB

    cautious in the said circumstances to see the future and

    interest of the minor while deciding the custody. The

    welfare of the minor should the prime consideration before

    the court for considering the custody of the child. The

    court must take into consideration as to what should be

    the welfare of the child. In the present case the child is a

    female child. Apart from her education it is also relevant to

    see the future requirements of the minor female child.

    89. The learned family court considering the fact that the

    respondent No. 3, the appellant herein is an old lady and

    the sons of the respondent No.3 have their own family and

    they have to look after their children also and further the

    fact that the petitioner/respondent no. 1 has not

    solemnized second marriage as also the parents of the

    petitioner/respondent no. 1 are alive, has come to the

    conclusion that the minor will be cared in a better way in

    her parental family. He (father) is the next best person to

    look after and care the child after mother. Furthermore,

    the father has earning sufficient to maintain his daughter,

    being a natural guardian the petitioner have right to get

    custody of the child. Accordingly, the suit was decreed in

    favour of petitioner/respondent no. 1 holding that the

    petitioner/respondent no.1 has been able to make out a

    case that being natural guardian of minor Sarika Kumari

    can care in better way.

    37

    2026:JHHC:20888-DB

    90. The law has been propounded by Hon’ble Apex Court, as

    taken note of above, that the welfare of the child is

    paramount consideration while handing over the custody

    of the minor.

    91. It needs to refer herein that the under Section 6 of the

    Hindu Minority and Guardianship Act, 1956, it has

    specifically been mentioned, as per the relevancy of the

    case herein that the natural guardians of a Hindu minor;

    in the case of an unmarried girl is –the father, and after

    him, the mother, provided that the custody of a minor who

    has not completed the age of five years shall ordinarily be

    with the mother. But, herein, the female child was 9 years

    at the time of filing of the suit.

    92. Now, coming to Section 9 wherein also, which speaks

    about testamentary guardians and their powers, which

    also provided that a Hindu father shall be entitled to act

    as the natural guardian of his minor legitimate children.

    93. Furthermore, Section 13 of the Act which says that welfare

    of minor is of paramount consideration and it says that no

    person shall be entitled to the guardianship by virtue of

    the provisions of this Act or of any law relating to

    guardianship in marriage among Hindus, if the court is of

    opinion that his or her guardianship will not be for the

    welfare of the minor.

    38

    2026:JHHC:20888-DB

    94. In the case at hand, mother, who may have been best

    suited if otherwise have sufficient means to take care of

    minor daughter, has solemenized second marriage and in

    proof thereof, the petitioner, the respondent no. 1 has

    exhibited the documents. Further, before the learned

    family court in spite of notice being served upon the

    respondent wife [Sunita Devi] before the family court, she

    did not appear and more particularly, the minor child [DW

    4] in cross-examination has stated that her mother is not

    staying with her.

    95. It is also admitted by the witness(P.W.4) that she has

    never seen her mother staying with her. It is also admitted

    that her maternal grand-mother is not doing anything.

    This witness has further stated that the children of

    maternal uncle are not studying in the school in which the

    witness is studying. The sons of the maternal uncle are

    studying in GS Public School and Lakshya Convent

    School.

    96. In view of the aforesaid facts, the discussion undertaken,

    and the judicial pronouncements relied upon, this Court is

    of the considered opinion that, if the learned Family Court

    has granted custody of the minor female to the father, no

    error can be said to have been committed and as such the

    judgment rendered by the learned Family Court does not

    39
    2026:JHHC:20888-DB

    fall within the ambit of perversity and, therefore, warrants

    no interference.

    97. This Court, therefore, is of the view that the

    order/judgment dated 18.02.2019, passed by the learned

    Principal Judge, Family Court, Koderma in Original Suit

    No. 22 of 2018 requires no interference.

    98. Accordingly, the instant appeal stands dismissed.

    99. Pending interlocutory application(s), if any, also stands

    disposed of.

              I agree                        (Sujit Narayan Prasad, J.)
    
    
    
    (Pradeep Kumar Srivastava, J.)          (Pradeep Kumar Srivastava, J.)
    
    
    14th July, 2026
    
    Alankar/ A.F.R.
    
    Uploaded on 15th July, 2026
    
    
    
    
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