learned District Judge-1, Achalpur first had an occasion to
consider this question in the order passed on 22 February 2022.
Before the learned District Judge-1 Achalpur, Respondent Nos.
2 and 3 had argued that since the death of their daughter, that
is, mother of the child, they are taking care of the minor child
and they are providing facilities more than a natural guardian.
This was countered by the Petitioner contending that the
Petitioner being the father is the only natural guardian and he is
ready to give better education. The parties had examined
witnesses. The Petitioner also examined himself. Based on the
ground that the Petitioner has a legal right to custody, the
learned District Judge directed the Respondent Nos. 2 and 3 to
be handed over to the Petitioner. Both the parties filed first
appeals and the learned Single Judge by order dated 12 April
2022 observed that wishes of the minor child, who is 9 years of
age, were not ascertained, which was necessary to do so. This
order emphasizing the need to ascertain the wishes of the minor
child for custody was not challenged higher and the parties
presented themselves before the learned District Judge. The
learned District Judge carried out a detailed exercise, as can be
seen from the order dated 5 May 2022. The learned District
Judge drew charts vis-a-vis contribution by the Petitioner and
Respondent Nos. 2 and 3 towards welfare of the child and
arrived at a considered opinion that it was in the interest of the
