FAO No. 5202 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 5202 of 2009 (O&M) Chhotu Ram ..... Appellant vs Smt. Maanta @ Mani Devi and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. S. Mamli, Advocate, for the appellant. Rajesh Bindal J. Challenge in the present appeal is to the order dated 18.5.2009 whereby the petition filed by the appellant for custody of female child namely Pooja was dismissed. Brief facts of the case are that the appellant was married with respondent no. 1 on 1.6.1998 and out of this wedlock one female child namely Pooja was born. As both of them were not having cordial relation with each other, divorce was given in the panchayat on 6.4.2004. It was decided that custody of the minor child will be given to the appellant after two months. However, after lapse of the prescribed period, respondent no. 1 did not hand over the custody of minor Pooja to him. He filed petition before the court below which was dismissed, resulting into the filing of the present appeal. After hearing the learned counsel for the appellant and perusing the paper-book, I do not find any merit in the appeal. It is not in dispute that since the time of her birth, the child is with her mother. As has been rightly held by the court below that if the custody of the child is given to the appellant, the child will become dependent on her grand-parents as the appellant is a driver by profession and remain mostly outside. He is also depends on his old parents for his domestic work. On the other hand, her mother is a household lady and can look after very well. The mother is the best custodian of a female child and she will be more comfortable with her as the girl child needs the company of mother. In view of the above, it cannot be said that the court below has committed any error by not giving custody of the minor girl to the appellant. The appeal is accordingly dismissed. Consequently the application for condonation of delay is also dismissed. 10.12.2009 ( Rajesh Bindal) vs Judge