jwr W é7 @ WmF‘@"cm) 200 WW (Wu). WWW ammm mmm WW wW $sifmm APPELLANT Manhar , S/o Latmar, aged about 32 vaars, Casts L 1n Agriculturist, R/o Beezixtola, Tahsil uikhadan, Distt. Rajnandgaon (CG) Versus . RESPONDENT Radha B ‘, D/o Samaru Lodhi, aged about 32 yearS, boumr, R/o G'ada’diky Tahsil and Police Station Khairagarh, ' Distt. Rajnandg on (CG) mEM’. Uls. 19 OF T FAMILY COU?TS ACT 1984 E3-8-2008 Shri Rakesh Pandey, Advocate, for the appellant. Heard. The instant appeal is directed against the judgment dated 14th November, 2007 pass’ea in Civil Suit No. 15A/2007, whereby learned Family Court, Rajnandgaon, Link Court Khairagarh, has rejected the application of the a llant under Sectioné of Hindu Minority and Guardianship Act, 1956 read with Section 25 of the Guar dians and Wards Act, 1890. By the said application, the appe t had prayed for custody of his minor child Master Bhuw eshwar aged 15 la years. The Family Court has rejected he application with a hnding that though the hnancial conditi n of the appellant is comparatively r f J a la~s§ Y Wm In 200 mm (Wu) mimf‘aaia; mmm WW 1°€Q§W éawm’ WWW (L sound, however minor Bhuw aneshwar Lodhi, who is studying in Class 9 is presently residing with his mother i.e. respondent and who is taking due care of him, whereas the piainu‘d has 4 children 'thr'gugh his seco wife and the appeilant never made any attempt to contact his n Bhuwaneshwar for the last i5 years and did not take any erest in upbringing of his child. Learned counsel for the appellant has, preferred this t Sub Section (3) of Section 17 of t mandates that if minor is old enough to form an int nt preference, the Court may L consider that preference. In our considered nion, considering the facts and circumstances of the cas, t seeking opinion of the minor, is on which the application of the ild has been rejected. There is no iliegality or infirm ity in the ugned order. , The appeal being de oid of substance, is liable to be dismissed and is accordingl dismissed at admission stage. )_ ~ irrelevant] in the backgr Vappellant for custody of the appeal Only on the gound the Guardians and Wards e e n o ’ t o a c o i e o , h ‘ p i Sd/- Sdl- l l Dhirendra Mishra Dilip Raosaheb Deshmukh Judge i Judge