IN THE HIGH COURT OF JUDICATURE AT PATNA --- MA No.296 of 2002 --- Deepika Jhunjhunwala @ Ms.Kaniz Sayeda @ Dolly Hussain wife of Syed Salman Hussain, resident of 207, Patliputra Colony, Patna Bihar also at C/o S.K.Trading, Near Kotwali, Budh Marg, Patna, Bihar ……… Defendant no.1/ Appellant Versus 1. Syed Salman Hussain s/o Syed Samshul Hassan 2. Syed Samshul Hassan s/o late S.Najmul Hasan, both resident of 207, Patliputra Colony, P.S. Patliputra, Town and District, Patna, Bihar … Plaintiffs/Respondents 3. Bindeshwar Pathak s/o late R.K.Pathak, resident of 187, Patliputra Colony, Patna, residing at N-82 Panchsheel Park, New Delhi ….. Defendant/Respondent ----------- For the appellant : Mr. Mithilesh Kumar Rai, Advocate ---- 7 12/1/2010 In this appeal the challenge is to the order dated 27.6.2002 passed by the Principal Judge, Family Court, Patna in Title Suit no.1 of 2002, whereby he has allowed the prayer for taking custody of the children in favour of the father of the plaintiff no.1. This court on 16.8.2002 had passed the following order: “Issue notice. Steps to effect service on respondents may be taken during course of the week by both modes i.e. registered post and ordinary processes. Until further orders, the operation of order dated 27.6.2002 passed by the Principal Judge, Patna in T.S.No.1/2002 – Syed Salman Hussain –v- 2 Neyaz Saiyeda Hussain and others, shall remain stayed.” Thereafter on 25.4.2008 the order was confirmed. Nothing has been brought on record what has happened to Title Suit No.1 of 2002. In our considered opinion, the interim order that was passed by the learned Family Judge has really lost its significance. If the title suit is pending, the learned Family Judge is directed to dispose of the same within a span of four months from the date of receipt of the order passed today. It is submitted by Mr. Mithilesh Kumar Rai, learned counsel for the appellant, that the opinion of the children may be considered by the learned Family Judge as much as with efflux of time the children has grown-up. Regard being had to the aforesaid fact, we direct while considering the welfare of the child which is paramount consideration, the learned Family Judge shall also gather the opinion of the grown-up children, which is also requisite while determining custody of the children. 3 With the aforesaid observation and direction, the appeal stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)