1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.3687 OF 2008 with CA No.10115/2008 --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sudhir Nandnade, Adv., h/f Mr. B.R.Warma, Adv., for the appellant. Mr. R.M.Deshmukh, Adv., for respondent (sole). ... CORAM : K.U. CHANDIWAL, J. DATED : 13th July, 2009 ... P.C.:- 1. Heard Counsel extensively. The matter is to be heard at admission stage finally. An application for custody of minor Vaishnavi having born on 27.7.2003 was moved before the learned Additional District Judge, Amalner, in Miscellaneous Petition No.10/2008, invoking Section 25 of the Guardians and Wards Act, 1890. 2. The inter se relations between the parties are not in controversy. The fact remains, the learned Additional District Judge, based on pleadings, proceeded to allow the petition, thereby directing custody of minor Vaishnavi to be given to 2 the father. The learned Judge observed in paragraph no.4 of the order, the respondent ( appellant herein) have submitted to adduce evidence in the case, however, the learned Judge opined that no oral evidence is necessary in the proceedings with the reason that material facts are almost admitted. 3. In a matter of custody of minor, the welfare of minor is the paramount aspect, to be considered. It may be that the grand parents who are aged 55 years, are residing in the village but there is nothing to suggest that it is a village without any facility of education or it is far off from main stream of the city. The fact of second marriage of the husband seeking custody of minor was taken in a cavalier manner by the learned Additional District Judge. Civil Manual obligates a procedure to be followed in terms of Chapter XIX. No such precaution is obviously adhered to. Interview of the child was also a requirement which is obliterated. In the situation, without further dissecting merits in the matter, following order: 4. The appeal is allowed. The order under challenge is set aside. The learned Judge will consider the matter on its own merits within six months of receiving the papers, by allowing the respective parties to adduce the evidence and - 3 proceed in summary manner expeditiously. No costs. Civil Application is disposed of. (K.U. CHANDIWAL) JUDGE agp/fa3687-08