- (1.) By consent of both the parties, the Principal Judge, Family Court, Raipur, vide order dated 01.02.2008, in Case No. 170-A/2007 dissolved the marriage of the petitioner and respondent herein, solemnized on 11.12.1999, by a decree of divorce.
(2.) On the application of the petitioner-mother, the Family Court granted her the custody of the daughter-Shrestha. The father of the child- respondent herein challenged the said order before the Division Bench of the High Court of Chhattisgarh at Bilaspur. The High Court, by the impugned order dated 09.11.2010 in F.A. (M) No.79 of 2010 allowed the appeal filed by the father of the child and permitted him to retain the custody of the child. In the same order, the High Court granted visitation rights to the mother of the child. The said order is under challenge in this special leave petition.
(3.) Considering the interest and welfare of the child, who is presently aged about nine years and being a daughter, we directed both the parties including their daughter to appear before us in our Chambers on 23.04.2012. All three of them appeared on that day. Initially, we interacted with the child separately and ascertained her views. She expressed her grievance against her mother and prefers to stay with her father. She also informed us that she is comfortable with her father and would like to continue her education under his guidance only. Thereafter, we interacted with the petitioner and the respondent separately.;