Godhan Singh Jalal & Smt. Gayatri Devi vs Shri Kishan Singh Bisht (Appeal From Order No.301 of 2008) (HC Uttarakhand)
keeping in mind the paramount interest of the children, it is not desirable to grant custody of the children to their father, at this stage. We are conscious of the fact that the father is facing a trial in respect of offence punishable under Section 304 B I.P.C. and the trial is not yet concluded. If it results in conviction, the interest of little children would get seriously affected by giving their custody to their father, at this stage. In Yogesh Kumar Gupta Vs. M.K. Aggarwal A.I.R. 2009 Uttarakhand Page 30, this Court has expressed the similar view in the similar kind of dispute.
6. In the above circumstances, we are of the view that the Trial Court has erred in law by directing the appellants to transfer the custody of the children Pooja Bisht & Gaurav @ Paras Bisht to the respondent. The application moved by the respondent before the trial court, in our opinion, is liable to be dismissed, at this stage. Accordingly, we allow this appeal and set aside the order dated 05.07.2008 passed by Family Court, Nainital in Misc. Civil Suit No.14 of 2004. However, we direct that the respondent shall be allowed to visit and meet his children in the house of the appellants, at least once in a month, if he comes to meet them.