VASUDEVAN Vs. VISALAKSHI

JUDGEMENT

(1.) THIS appeal arises out of an unfortunate dispute between a husband and wife regarding the custody of their minor daughter by name Prabala Devi. It is clear from the evidence that the husband the appellant, is charging the wife with disobedience due to the encouragement given to her by her father and the respondent -wife, in turn, is alleging her inability to live with the husband because of the ill treatment of the husband's mother. The parties have not separated and still continue to be husband and wife. Therefore, we will dispose of this application strictly on the legal aspects arising out of the decision by the learned District Judge.

(2.) THE application by the wife was filed under sections 7and 25 of the Guardians and Wards Act - Central Act VIII of 1890. The substance of the application is as follows: - The petitioner therein is the mother and the respondent therein is the father of the minor girl, Prabala Devi aged about 21/2 years, born to them on 26 -2 -1955. The husband did not take the wife and child to his house after confinement, nor did he pay anything for their maintenance.

(3.) THEREFORE , the wife filed M.C. 22/56 in the Magistrate's Court for maintenance on 26 -3 -1956; the matter was compromised and the husband agreed to take the wife and child and maintain them. But after some time, again the husband sent the mother and child away from his house. This resulted in the wife again filing an application before the magistrate for maintenance namely, M.C. 141/56. That also was compromised and the wife joined her husband along with the child. A few weeks thereafter, on 25 -1 -1957, the husband kept the child alone in his house with him and sent away the wife to her father's house and the wife is staying with her father ever since, and the minor daughter is kept by the husband in his house. It is further stated that the child is only 21/2 years old and requires the constant attention of the mother, the petitioner therein. The husband is charged with detaining the child just to spite the wife with whom he is not on good terms. The welfare of the child requires that it should be in the custody of the mother and not the father. These are the material allegations in the application which was filed on 31 -10 -1957. The prayers contained in the application are as follows: -