- (1.) By way of this appeal, the petitioner-appellant seeks to challenge the order dated 05.07.2010 passed by the Single Judge of this Court in SB Civil Writ Petition No.5531/2010. The writ petition aforesaid was filed by the petitioner-appellant in challenge to the order dated 25.05.2010 passed by the Family Court, Jodhpur on the application moved by him under Section 12 of the Guardians and Wards Act, 1890.
(2.) By the said order dated 25.05.2010, the Family Court, while declining the prayer of the appellant for custody of the child, permitted him to meet the child after certain intervals and for a limited time. The learned Single Judge found no case for interference keeping in view the factors of welfare of the child, about 5= years in age, which were definitely considered by the Family Court while passing the aforesaid order dated 25.05.2010. The learned Single Judge said,- "On examination of the order impugned it reveals that family court considered various factors including the fact that the ward is residing exclusively with his mother from last about three years, i.e. from the age of 2= years. True it is, the court also acquainted itself with wish of the ward but essentially it was only welfare of the child that resulted into the order impugned. The order impugned does not suffer from any error that may warrant interference of this Court under Article 227 of the Constitution of India."
(3.) In our considered opinion, neither this appeal can be said to be maintainable nor the impugned orders call for any interference.;