HiGH COURT OF JUDJCATURE CHHATTSSGARH : BILASPUR ^, CORAM DSVISiON BENCH HON'BLE SHRi S.R. NAYAK, CJ. HON'BLE SHRI V.K. SHRSVASTAVA, J. APPELLANT RESPONDENTS MA.NoJOlQQF2006 Tekram Patei S/o. Udaichand Patel Aged about 65 years Retsred - Teacher presentfy Agriculfurist, R/o. Viliage Saihepaii, P.S. Pussore, Tehsil & District Ralgarh (C.G.) Versus 1. Fani Bhushan Singh @ Babulai Nayak, S/o Not known Aged about 56 years, occupation - Agriculturist, R/o. VIIJ. Marghati P.0. Marghati, Tahsii and P.S. Dhabra, District Janjgir-Champa (C.G.) 2. Purnima, W/o. Tiiakram R/o. Temtema, Tahsii Kharsiya District Raigarh (C.G.) Present: Ms. Deepaii Pandey, tearned counsei for the appellant. ORAL ORDER (Passed on 8 Noyember, 200S) The foiiowing oral order of the Court was passed by V.K.SHRIVASTAVA, J. This appeai under Section 19 of the Famiiy Courts Act 1984 has been dlrected against the order dated 11-8-2006 passed by Judge Famiiy Court, Raigarh in M.Cr.C No.7/05 by which the appiication for custody of minor grand-daughter Prema fiied by the appellant has been rejected. (2) The case of the appeilant, in brief, is that respondent No.2 Purnima, was the widow of Gokul Prasad, son of the appeliant herein. Prema is the daughter of Purnima and Gokul Prasad. Goku! Prasad died in the month of March, 1993. Purnima, mother of Prema, has re-married and at presenf < ;) Prema is living along with her mother and her step-father. tt is stated that the welfare of minor is adversely affected by keeping her with her mother and step-father therefore appeilant who is grandfather of the chiid has fiied the apptication under Section 25 of the Guardian and Wards Act 1890 for deciaration of guardianship in his favour and to aliow custody of the minor chi!d Prema. (3) Learned trial Court has very etaborateiy considered ali the facts and also considered the wish of the minor child Prema and particuiariy considered the fact that she is living aiong with her mother and step- father, they are keeping her weil where she is aiso studying and getting love and affection from her mother, step-father and step-brothers. (4) Minor child "Prema" is about 15 years old. She is old enough to form an inteiiigent preference and the Court is bound to consider her preference. Prema has in Lower Court made a statement that she is livlng with her mother and step-father happiiy. She is aiso taking education there. Her mother, father and brothers give her Sove and aifectlon. Apparently, she is iiving with her natural mother, who is taking proper care of her and evidentiy her weifare appears to be In custody of her mother and step father. (5) VVe do not find any iiiegality or infirmity Jn the order passed by the Judge Fannily Court and, therefore, the appeai is liabte to be dismissed and it is accordingly dismissed. Parties to bear their own costs. Sd/- ChiefJustice Sd/- V.K.Shrivastava Judge