FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 917 CA/5160/2010 ,In FA/854/2010 JAYASHREE NARENDRA WAGHMARE AND ANR VERSUS NARENDRA POPATRAO WAGHMARE ... Advocate for applicants : Mr. Suryawanshi Nitin B. Advocate for Respondent: Mr. Sandeep S. Deshmukh ... CORAM : R.M. BORDE, J. Dated: July 07, 2011 ... 1 Heard. 2 While considering Misc. Civil Application no. 137/2008, the learned District Judge – 2, Ahmednagar directed respondent / mother to handover custody of child aged 8 years to the applicant / father. 3 Considering the issue involved in the matter, this court, by order dated 18-10-2010, directed the Registrar (Judl.) to interview the child and ascertain the wishes of the child as to whether he prefers to stay with the mother or with the father i.e. original applicant. This FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ order was passed by this court considering the fact that the child has attained the age of understanding and that he is 10 years of age. Accordingly, the child was produced before the Registrar (Judl.) on 16-10-2010 and in the presence of learned counsel appearing for both the parties, the Registrar (Judl.) interrogated the child. It is reported by the Registrar (Judl.) that the child is taking education in sixth standard in Hanuman Vidyalaya, Takli Khatgaon, Tq. & Dist. Ahmednagar. He has also reported that the education of the child is going on well in the said school. The child has reported that he is residing with his mother and is willing to reside with his mother. It is further reported that the mother is likely take proper care of the child. 4 Considering the report tendered by the Registrar (Judl.) and considering the legal position as enumerated in the judgment of the Apex Court to the effect that in the matters relating to custody of child, interest of the minor shall be of paramount consideration, so FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ also considering the fact that the child concerned has also expressed his desire to stay with the mother, I am convinced that the interest of the child would be better protected if he is permitted to remain in the custody of mother. Hence I pass the following order : . Order passed by the District Judge – 2, Ahmednagar on 17-3-2010 in Misc. Civil Application no. 137/2008 shall stand stayed during the pendency and final disposal of the appeal. ( R.M. BORDE, J. ) dyb