JAYANT BAJPAI Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This is a husband's petition. It is directed against concurrent orders passed by the courts under Section 26 of the Hindu Marriage Act directing that the custody of the children of the Petitioner be given to his wife, Respondent No. 3, Shrimati Anjali Bajpai and further that the Petitioner should pay a maintenance allowance of Rs. 150/- per month for each of the two children.

(2.) The relevant facts are these. The Petitioner and the Respondent No. 3 were married on 1-10-1973. Two children were born out of the wedlock, namely, Hemant Bajpai (son) born on 28-6-75 and Shalini Bajpai (daughter) born on 15-4-77. It appears that the relations between the husband and the wife became strained. Ultimately on 4-8-79, according to the husband, the wife left the marital home, while according to the wife, she was kicked out because of illicit relations which had developed between the Petitioner and one Dr. (Miss) Maya Agarwal.

(3.) On 28-11-1979, Respondent No. 3, the wife filed petition under Section 13 of the Hindu Marriage Act for divorce on grounds of cruelty. She also moved an application (paper No. 13-C) under Section 26 of the Hindu Marriage Act on 4-12-79 for the custody of the children, who were said to have been forcibly snatched from her on 4-8-1979 as well as for their maintenance. The application was opposed by the husband. He asserted that the welfare of the children demanded that they be left with the father and not with the mother.