THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No. 4881 OF 2011 Dated: 17.11.2011 Between : Mannam Venkata Krishna Rao … Petitioner And Ms. Venigalla Sailaja … Respondent The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No. 4881 OF 2011 ORDER: This Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the return of O.P.S.R.No.6220 of 2011 filed by the revision petitioner in the Court of the Judge, Family Court, Ranga Reddy District at L.B.Nagar for custody of his minor daughter. The petitioner claims to be the biological father of the minor girl- Mannam Archana aged about six years. It is pleaded in the O.P. itself that the petitioner and the respondent were not married and the minor child was born out of the live in relationship between the parties. The said O.P. was returned by the Court below as not maintainable in view of Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short, ‘the Act’). Aggrieved by the said order dated 28.10.2011, the present revision petition is filed. I have heard the learned counsel for the petitioner and perused the material available on record. It is true that as per Section 6 (b) of the Act, the natural guardian of a Hindu minor in the case of an illegitimate boy or an illegitimate unmarried girl is the mother and after the mother, the father. However, the law is well settled that in the matter of custody of the minor child, the welfare of the minor shall be the paramount consideration. Hence, the question, whether the petitioner is entitled to the custody of the minor child or not can be decided only after hearing both the parties. Therefore, the Court below was not justified in returning the O.P. at the threshold as not maintainable. Accordingly, the order under revision is set aside and the Revision Petition is disposed of permitting the revision petitioner to resubmit O.P(Sr).No.6220 of 2011 within one week from today, in which event, the same shall be received and numbered if it is otherwise in order. No costs. ___________ G. ROHINI, J Date: 17.11.2011 Note: Issue CC in three days (B/o) Ivd