^) HIGH COURT OF CHHATTISGARH AT BILASPUR Coram : Hon'ble Shri T.P.Sharma and Hon'ble Shri Raieshwar Lal Jhanwar, JJ- F.A.fM)No.60of2008 Appellant . : Mahesh Ram Chauhan, S/o Shri Sukalu Chauhan, aged about 46 years, Occupation service P.W.D., R/o village Karangidihi, Police Station Gharghoda, District - Raigarh, At present Village Barra, Police Station Kharsia, Tahsil Kharsia, District Raigarh (C.G.) Versus Respondent : Smt. Samari, W/o Mahesh Ram Chauhan, aged about 36 years, R/o Village Saraipali, Police Station Pussor, Tahsil & District Raigarh (C.G.) MEMORANDUM OF APPEAL UNDER SECTION 19(11 OF FAMILY COURT ACT Present Shri Amit Sharma, counsel for the appellant. Shri Roop Naik, counsel for the respondent. ORAL ORDER (Passed on 14tn December, 2009) The following oral order of the Court was passed by T.P.Sharma, J. hleard on I.A.No.01/2009 for direction permitting the appellant to meet his child. 2. Counsel for the appellant submits that atleast an opportunity to meet with his child be given to the appellant. 3. Vide judgment and decree dated 20.03.2008 passed by the Judge, Family Court, Raigarh in Civil Suit No. 10/1997 the petition for custody of the minor child Ganesh filed under Section 9 of the Guardians and Wards Act has been dismissed on the ground that welfare ofthe minor child under mother's care is paramount consideration and the same is not attached with the appellant. 4. Counsel for the appellant submits that he is ready to withdraw this appeal if the permission to meet with his child at regular intervals is granted to the appellant. t \ , }ff^ 5. Admittedly, minor child Ganesh is the son of the appellant and the respondent and the present appellant is allowed to meet with his child Ganesh at regular intervals. 6. Consequently, I.A.No.01/2009 is allowed and it is ordered that the respondent/wife shall be made available the minor child Ganesh on second and last Sunday of every month for meeting with the appellant and to spend with the appellant for an hour at Sarapali, P.S. Pussor, Tah & Dist. Raigarh (C.G.). 7. Accordingly, counsel for the appellant seeks to withdraw this appeal since liberty as prayed by him is granted. 8. This appeal is dismissed with the aforesaid liberty granted in favour of the appellant. Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge ^