IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.52 of 2010 CHANDRA BHUSHAN KUMAR @ SAROJ, S/o. Pratap Narayan Malakar, R/o. Mohalla- Dalhatta, P.S. Kotwali, Distt. Munger. Versus PREMSHILA DEVI, W/o. Pyare Kumar Puspad, r/o. Kasim Bazar (Chanbagh), P.S. Kasim Bazar, Distt. Munger. ----------- 02. 04.02.2010 Heard learned counsel for the appellant and perused the judgment and order under appeal dated 11th December, 2009, whereby the learned Principal Judge, Family Court, Munger has dismissed the application filed by the appellant to claim custody of a minor male child, who is now aged about seven years. From the discussions made as well as the submissions, it is clear that the appellant’s wife died in December, 2004 approximately within three years of marriage and the appellant is facing a criminal case lodged by his in-laws under Sections 498A & 304B of the I.P.C. Presently he is on bail. The court-below has ascertained the views of the child and he has indicated his desire to live with the respondent, who is maternal grand mother of the child. From the evidence discussed by the court-below, it appears that maternal grand father is doing well in his life and they are taking good care of the child, who is studying 2 in a good school. Considering the entire facts and circumstances, we find that the view taken by the Family Court is in the interest of the child and requires no interference. Accordingly, this appeal is dismissed. On behalf of the appellant it was submitted that at least father should be permitted to visit his son at a convenient interval and convenient time. On this issue the court-below has not been addressed at all. Hence, it will not be proper for us to express our views. If such a prayer is made before Family Court, Munger, the same may be considered in accordance with law. We can only indicate that if the criminal case pending against the appellant concludes and thereafter he makes an application for visiting the child, the same may deserve to be considered appropriately. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)