JUDGMENT : This is an application under S.25, Guardians and Wards Act by one Gopalji son of Chensing for the custody of his minor daughter Rewabai who is aged 3 years. 2. The minor Rewabai lives with her natural mother Sunderbai. Gopalji and Sunderbai were husband and wife and Rewabai was the offspring of this marriage. However on 9-7-1949 Sunderbai got divorce from her husband Gopal and she contracted Natra with one Nandram. The plaintiff claimed the custody of the child being the natural father and guardian of the child. The application is opposed by Sunderbai on the ground that the child is only 3 years old and there is mutual attachment and affection between her and her child and the child would suffer great mental shock if the child is forcibly removed from her custody. She contends that the child lives happily with her and this application by Gopalji is not bona fide. She alleges that in Criminal Case under S.488, Criminal P.C., started by her the Court had passed an order of maintenance of Rs.15/- P.M. in favour of the child and in order to avoid this payment this application is made. 3. In my opinion the paramount consideration in a case like this is the welfare of the minor. The minor was brought up by the mother and both are extremely fond of each other and the minor daughter is happy with her mother and at least temporarily so long as Rewabai is of tender age of 3 years, she should not be removed from the custody of her mother. There are certain considerations which induced me not to handover the custody of Rewabai to her natural father. Gopalji after his divorce with his first wife Sunderbai had married again and to force the innocent child of 3 to live with her step-mother would be harsh and the step-motherly treatment which would be meted to the poor minor would not be for her welfare. In an Oudh case reported in - 'Shushila Ganju v. Mr. Kunwar Krishna', AIR 1948 Oudh 266 (A) an application under S.25, Guardians and Wards Act was made by husband and the custody of the minor child was with her mother and the Court held that in an application under S.25 the sole criterion for disposing of the case is the minor's welfare. Kunwar Krishna', AIR 1948 Oudh 266 (A) an application under S.25, Guardians and Wards Act was made by husband and the custody of the minor child was with her mother and the Court held that in an application under S.25 the sole criterion for disposing of the case is the minor's welfare. It is only if Court is of opinion that it will be for the welfare of the ward to return to the custody of his guardian that it can pass an order for such return. It apears to me in the case before me that father does not care for the minor child and that the welfare of the minor will not be promoted by her being placed under the guardianship of her father and in my opinion the application was filed by the father merely in order to escape the payment of arrears of maintenance. 4. After all an order under S.25 allowing, the minor to remain with his mother instead of with his father is of a temporary character and if at any time it should appear that the guardian is not giving that care and attention to the child which is expected of her and is not giving the child a proper education it will always be open to the father to move the Court for a proper order. 5. In - 'Saraswathibai Shripad v. Shripad Vasanji', AIR 1941 Bom 103 (B), Beaumont, C.J., held that the paramount consideration in the matter of a custody of a minor of tender years is the interest of the child rather than the rights of the parents. Human nature being much the same all the world over, if the mother is a suitable person to take charge of the child, it is quite impossible to find an adequate substitute for her for the custody of a child of tender years and consequently the mother is preferable to the father in such case. Orders as to the custody of a child being always of a temporary nature those interested in the minor are at liberty to apply to the Court at any time for the change of minor's custody. Having regard to these authorities cited above and the fact that the girl is of tender age I think that at present the personal care of the mother as regards the minor is the paramount consideration for some time. Having regard to these authorities cited above and the fact that the girl is of tender age I think that at present the personal care of the mother as regards the minor is the paramount consideration for some time. The minor girl aged 3 should be allowed to live with her natural mother and she should not be forced to stay with her stepmother where she might meet with stepmotherly treatment. 6. No doubt the father is nevertheless entitled to have access to his child and in order that the child is not antagonised against the father and should have soft corner for the father, the father should be allowed to have access to see his minor daughter and the parties to make arrangement by which the father should be allowed to see the child at least twice in a week. If the parties do not make any arrangement the Court will make the arrangement. 7. The result is that I allow the appeal, set aside the order of the lower Court and direct that for the present Rewabai who is a girl aged three should be allowed to remain in the custody of her natural mother Sunderbai. Pleader's fee be taxed at Rs.20/-.