1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.519 OF 2009 (Raghunath s/o Rangnath Thorat vs. Sangita w/o Raghunath Thorat and other) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.R.Borulkar, Adv., for the appellant. ... CORAM: K.U.CHANDIWAL, J. DATE:14/1/2010 P.C.:- 1. Heard learned Counsel representing the husband, concerning custody of the third child from wife Sangita. The bickerings and discord between the spouses has made life of children a miserable affair. The wife was required to approach for seeking maintenance. Maintenance was granted in favour of the wife for herself and the children. The learned Judge has rightly observed, the exercise tried to be initiated by husband Raghunath for custody of the child was with sole motto to stall his liability of 2 payment of maintenance. 2. The contention of Mr.Borulkar, Counsel, that there are no educational facilities at the place the wife is staying, is raised without any substance. The change of residence of husband Raghunath, purportedly, at Aurangabad, by itself, will not be a parameter to change the scenario. 3. The concept of welfare of the child has a paramount role in such controversies. It has been observed, "the dominant matter for consideration of the Court is the welfare of the child, but the welfare of the child is not to be measured by money only nor only physical comfort. The word `welfare' must be taken in its widest sense. The moral or religious welfare must be considered as well as its physical well being nor can the tie of affection be disregarded". The assessment of the evidence indicates, since the welfare of 3 the child being paramount affair, the child, at this stage, needs care, protection, shelter and up- keepment only from the mother and not the father. Father's entitlement under the law, to be getting appointed as a guardian of the ward, is not a controversy in issue, to be addressed. First Appeal lacks merit. It is dismissed. No costs. (K.U.CHANDIWAL) JUDGE ... agp/519-09fa