ZAHID ALI Vs. KESHARI

JUDGEMENT

(1.) S. C. Mohapatra, J. This is an appeal under Section 19 of Family Courts Act, 1986 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 wed lock 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 applica tion 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 back ground, it is to be considered whether custody of two minor daughters with mother is for welfare of two daughters.

(3.) IN absence of any such material, we have to judge whether two minor children should be with their mother for their welfare or with their father. It requires no reason to attach natural law to come to conclusion that children would have better mental development being with the mother than with father specially why they are younger girls. Some exceptional circumstances are to be brought to the record, so that, the Court can con clude that custody with mother in the circumstances, of the case would not be beneficial to the. children. There is no such material.