IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.515 of 2007 ANIL KUMAR CHAKRABARTY, S/o. Amrit Prasad Singh, r/o. Village- Paindapur, Police Station- Rahui, District- Nalanda at Present residing at Prem Nagar, Himat Ganj, Allahabad (U.P.) Versus SMT.RANJANA KUMARI, d/o. Ayodhya Prasad Singh, r/o. Vashishth Colony, Anishabad, P.S. Gardanibagh, District- Patna. ----------- 11. 05.04.2010 Heard learned counsel for the parties. Pursuant to our observations about hearing the views of the minor on the last date, the respondent who is wife of appellant has come to Court with her son, who is aged about 13 years. We talked to the child about his studies and other matters and he give satisfactory replies which show that he is receiving proper education and is able to understand his own welfare. In response to our specific query whether he would like to live under the guardianship of his father the appellant or his mother the respondent, the child who disclosed his name as Aryan gave a categorical reply that he wants to live with the mother and be under her guardianship. Considering the discussions made by the learned Addl. Principal Judge, Family Court, Patna and welfare of 2 the child, we are of the considered opinion that the order of the learned Family Court rejecting the prayer of the appellant for placing his son under his guardianship does not require any interference, hence, this appeal is dismissed. Learned counsel for the appellant made a submission that since appellant’s son is now to live under the guardianship of his mother the appellant as a father should be given reasonable visiting rights so that on special occasions, by prior intimation he may visit the child during day hours. The respondent who is also appearing in person as well as his counsel expressed some apprehension in respect of aforesaid prayer, but the apprehension may be on account of bitter past experience between the parties. The primary consideration even in respect of such a prayer for visitation rights must be the welfare of the child. This issue has been raised for the first time before the Court, hence this Court grants liberty to the appellant to make suitable prayer for visitation right before the court-below which shall be considered in accordance with law keeping 3 in view the interest and welfare of the child as well as expectation of a natural father who wants to have some kind of contact with his son. Nothing further need be added in this regard. The appeal stands dismissed with the observations aforesaid. No costs. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)