FAO No. 974 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 974 of 2008 (O&M) Date of decision : 21.12.2009 Ashok Kumar ..... Appellant vs Smt. Ramesh Devi and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Mittal, Advocate, for the appellant. Mr. J. P. Sharma, Advocate, for the respondents. Rajesh Bindal J. Challenge in the present appeal is to the order passed by the learned court below whereby the custody of the minor girl child was directed to be kept with respondent no. 1 who is the mother of the child. Briefly the facts of the case are that the appellant was married with respondent no. 1 on 26.6.1997. From the wedlock, a daughter was born. As the parties could not pull on together, the respondent wife filed petition for grant of divorce in the year 2002 which was allowed on 15.1.2003. After the grant of decree of divorce, respondent no. 1 contracted second marriage with one Vinod on 17.5.2003. The minor child was left with her maternal grand-father. The appellant filed petition for custody of child before the court below which was dismissed. It is this order which is impugned in the present appeal. The parties were present in person in court and even the minor child. On a specific query to the appellant regarding the fact as to how he will maintain the girl child and who are the members in his family who can look after her, he informed that he was earning Rs. 100-200 per day. He has old parents to support. His father is above 80 years of age who can walk only with the help of a stick and has some problems with his eyes as well. His mother is also about 80 years of age. As against this, the respondent submitted that she is taking care of the child with the help of her mother (maternal-grand mother of the child). Massi and Mama of the child are also there. The child also said that she does not want to accompany the appellant. After hearing learned counsel for the parties and considering the status of the family of the appellant, specifically the fact that there is no one at FAO No. 974 of 2008 -2- home to take care of the minor child, I do not find any illegality has been committed by the learned court below in dismissing the petition filed by the appellant seeking custody of the child after the parties had separated by a decree of divorce. The mother even if she has remarried always remains mother and one cannot doubt her bonafide in bringing up the child. In view of the aforesaid discussion, the present appeal is dismissed. 21.12.2009 ( Rajesh Bindal) vs. Judge