JUDGMENT : 1. Heard Mr. T.T. Diengdoh, learned Sr. counsel assisted by Mr. K. Barua, learned counsel on behalf of the appellant as well as Mr. K.S. Kynjing, learned Sr. counsel assisted by Mr. P. Yobin, learned counsel on behalf of the respondent. 2. The matter came up for final disposal today. 3. The petitioner’s case in a nutshell is that: “That the Appellant was married to Smti. Bajop Fluer War on 10.09.2004 and out of their wed lock they were blessed with one daughter Miss Israela Aime War who was born on 28.04.2007. Unfortunately, the appellant’s wife Mrs. Bajop Fluer War passed away on 30.01.2013 and left behind the Appellant and her said daughter, Miss Israela Aime War. Since the time of the death of his wife, his daughter Miss Israela Aime War was under his care and protection and in his custody. Three months after the death of his wife and with the consent of his mother in law, the Respondent herein, he left the house at Lum Mawbah (which is adjacent to the house of the respondent) and along with his daughter went to stay with his mother at Jaiaw Langsning, Shillong. Having a good source of income and works in the capacity of Campus Head of ICFAI University Shillong and since birth and after the death of his wife, his daughter who is now studying in Class III at Loreto Convent School, Shillong was in his custody and he is the only person who bears all the expenditures incurred in respect for the welfare of his daughter including her school fees and for other extra co-curricular activities. The Respondent had approached the Child Welfare Committee, Government of Meghalaya through a written Complaint dt. 30.07.2014 with several unwanted allegations towards the Appellant and requested the Committee to direct him to handover custody of the child to her. Subsequently after hearing both the parties ie. the Appellant and the Respondent and after examining the minor child, Miss Israela Aime War who choose to stay with her father who is the Appellant herein, the Child Welfare Committee was pleased to pass an Order dt. 07.08.2014 allowing Mrs. Wansalan Lyngwa who is the paternal grandmother of the child and the Appellant to continue with the custody of the child Miss Israela Aime War. The Respondent preferred another complaint dt. 07.08.2014 allowing Mrs. Wansalan Lyngwa who is the paternal grandmother of the child and the Appellant to continue with the custody of the child Miss Israela Aime War. The Respondent preferred another complaint dt. 29.08.2014 before the State Commission for Protection of Child Rights, Government of Meghalaya against the Appellant herein on various allegations. Pending disposal of the above mentioned complaint the Appellant filed an application for a Guardianship Certificate in respect of his daughter before the Judge, District Council Court, Shillong and the same was registered as G/C Misc. Case No. 50 of 2014. During the proceeding of the evidence in G/C Misc. Case No. 50 of 2014 before the learned lower Court, the State Commission for Protection of Child Rights, Government of Meghalaya took up the hearing on the complaint dt. 29.08.2014 of the Respondent herein and passed the Order dt. 19.12.2014 thereby directing that Miss Israela Aime L War during her winter vacation shall stay with her maternal grand-mother (Respondent) and during the weekends and if for reasons of any unavoidable circumstances, she shall stay at Lummawbah during the weekdays, thus balancing her time between her paternal grandmother’s home and her maternal grandmother’s home until further orders from the Commission. After closing of evidence by both the parties the learned lower Court passed the impugned Judgment dt. 12.11.2016 and without any justifiable grounds appointed the Objector as the guardian of the minor person and properties of Miss Israela Aime L War and its conclusion is unjust and not proper in safeguarding the interest of the child. That being highly aggrieved by and dissatisfied with the Judgment dt. 21.11.2016 passed by the Court of the Judge, District Council Court, Shillong in G/C Misc. case No. 50 of 2014, the Appellant begs to prefer the instant appeal.” 4. From the beginning of the case, many attempts were made to reconcile the matter between the parties but it failed. Thereafter, this Court after consultation with the child namely, Miss Israela Aime War, an interim custody had been given to the father as she was not willing at all to go with the grand-mother (Respondent). 5. This Court personally interacted with the child and noticed that the child is not at all willing to go with the grand-mother (Respondent). If any force is applied, it may psychologically affect the child. 5. This Court personally interacted with the child and noticed that the child is not at all willing to go with the grand-mother (Respondent). If any force is applied, it may psychologically affect the child. This Court also sent a Magistrate to inspect the actual position and a detailed report was submitted on 24-05-2017. The same is reproduced herein below :- “24.5.17 To, The Deputy Commissioner, East Khasi Hills District, Shillong. Subject:- Home visitation report in regards to MAF 1 of 2016. Sir, In compliance to the Order of the Hon’ble High Court of Meghalaya dated 28.4.17 the undersigned conducted a final home visit in the case as mentioned above. On the 12.5.17 itself, however due to another unprecedented attack of illness was hospitalised the very night followed by extended medical leave and inability to furnish report at an earlier date. Therefore subsequent to the previous reports duly submitted by the undersigned dated 18.4.17 and 27.4.17 the findings of the final visit on the 12.5.17 are as follows:- (1) The entire family members of the child in question namely the father, step-mother, grand-mother were also present for the final home visit. (2) The child in question appeared to be at ease with her family and her interactions and responses showed no indications of fear, anger or resentment towards her family members or the undersigned during the home visits. (3) The child in question apprised that she had celebrated her 10th birthday on the 28.4.17 with her friends and family members in the house. (4) When randomly enquired about her contacts with her maternal family members she informed that no one from the other family had wished her on her birthday also, neither had they been in contact with her even otherwise till date after the commencement of the present case. (5) When interacted with, the step mother reiterated that she is happy with the child in question and stated that she had been looking after her as her own child. The child in question also expressed her close affinity to the 3(three) step-siblings and her step-mother. (6) The child in question happily displayed her achievements in her recent school activities voluntarily which is an indication of the fact that she appears to be performing well in school. Remarks:- The undersigned has made a total of 6(six) visits of the child in question and her family. (6) The child in question happily displayed her achievements in her recent school activities voluntarily which is an indication of the fact that she appears to be performing well in school. Remarks:- The undersigned has made a total of 6(six) visits of the child in question and her family. In all of the home visits made it is clear that the child in question is growing up in a holistic and conclusive environment with a lot of family bonding which is aiding her academic performance as well. The family at present is a joint family at Jaiaw Langsning and it can be stated from the various interactions with the child in question and the family members, that she is being brought up to respect essential family and religious values. Upon random enquiry from the school authorities for confirmation of her over all growth, it was apprised that the child in question is intelligent in her studies and active in sport and extracurricular activities. So far she has not shown any sign of negative behaviour in school. This may also be taken as an indication of her positive over all development. It may therefore be stated that in surmising the entire home visits done by the undersigned here has been no indication of the child in question being unhappy in the present arrangement of living with her father and the family members.” 6. From the last part of the observation made, it is clearly mentioned that “It may therefore be stated that in surmising the entire home visits done by the undersigned here has been no indication of the child in question being unhappy in the present arrangement of living with her father and the family members.” 7. After hearing the submission of the learned counsels for the parties and the interaction with the child in question, I am of the considered view that the well being of the child will be better in the hands of the father. 8. It is a settled principle of law that while giving custody of a child either to the father, mother or any natural relatives, the wellbeing of the child needs to be considered. 8. It is a settled principle of law that while giving custody of a child either to the father, mother or any natural relatives, the wellbeing of the child needs to be considered. With all human probability and enquiry, I have come to the conclusion in this instant case that the custody of the child is safe in the hands of the father as she is more happy to live with her father. Hence, the custody of the child is given to the father with the direction to take all necessary care and to give the child the best of the best education and love. 9. With this observation and direction, this instant petition is allowed and stands disposed of. 10. Registry is directed to return the lower court case record immediately.