VASUDEVAN Vs. R VISWALAKSHMI

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.

(2.) 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 illtreatment of the husbands 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.

(3.) The application by the wife was filed under S.7, 10 and 25 of the Guardians and Wards Act - Central Act VIII of 1890. The substance of the application is as follows:-