ZAHID ALI Vs. SMT KESHARI

JUDGEMENT

(1.) THIS is an appeal under Section 19 of Family Court Act against an order directing appellant to hand over custody of two minor daughters to their mother.

(2.) UNDISPUTEDLY respondent was wife of appellant and from their wedlock two minor daughters were born, who are with their father. Husband and wife are separately living, appellant alleging that he has divorced her according to personal law applicable to them. Respondent filed an application for guardianship and custody of the two minor daughters which being allowed, this appeal has been filed by husband to retain custody of the two children. In such background, it is to be considered whether custody of two minor daughters with mother is for welfare of two daughters.

(3.) LEARNED counsel for the appellant submits that in a previous application for maintenance under Section 125 Cr.P.C. in respect of third daughter in custody of respondent, she stated that she has no source of living and if it is accepted, mother cannot maintain two more children and accordingly, welfare of these two children would be better in the custody of appellant.