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Judgment
Rhanwar Singh, J.—Heard the learned Counsel for the petitioner and the learned Counsel for the opposite party No. 2.
Baby Ashi, she is about three years old, is admittedly the baby of Smt. Sarita Devi and her husband Mr. Mukesh Kumar Gupta, Sarita Devi is living at Lucknow on account of some differences having arisen with her husband. Baby Ashi is in custody of Mr. Mukesh Kumar Gupta. According to the learned Counsel for the petitioner, she being the mother of the child, is her natural guardian and it is only she who can look her after better and take care of her daily needs. On the other hand, Mr. Mukesh Kumar Gupta has pleaded that though he is busy in his private business yet the petitioner can be looked after by him. Obviously, the petitioner is a girl offender age and she is too young to form any opinion and preference about her being with either father or mother. Such a baby can only be looked after by her mother as the mother can nurse her better and give her expectations of care required for such a child. This view is fortified by the decision of this Court as reported in 1994(31) A.C.C. page 249, Vakil Ahmed v. Smt. Aqila Khatoon and another and 1995 J.I.C. (53). Hon''ble Supreme Court has also held in 1993 JIC 542 (SC) A.C.C. 1993 (30) page 144, Chandrakala Menon and another v. Capi. Vipin Menon, that in such matters the controversy has to be decided on the sole and predominant criterion of what would best serve the interest and welfare of minor.
Having regard to the age of the child and other facts and circumstances of the case, I am of the decisive opinion that the mother would be the best and natural guardian of the petitioner. Let therefore, the custody of Baby Ashi be transferred to her mother, Smt. Sarita Devi. Sri Mukesh Kumar Gupta, who is present in the Court, is directed to comply with the order.
Smt. Sarita Devi will facilitate her husband to meet the child periodically with prior concurrence.
With these observations and directions, this writ petition is finally disposed of. . Petition disposed of.