NAVSAJI Vs. INDUBAI

JUDGEMENT

(1.) THIS first appeal arises out of an order for custody of a female child given to the applicant mother under Guardians and wards Act. Aggrieved father has filed this appeal.

(2.) SHRI Patani who has filed this appeal made a very earnest plea before me to get the appeal admitted but on carefully going through the judgment, I find that there is no substance in the appeal and the learned additional District Judge, Aurangabad, has taken unimpeachable view in directing the respondent father in giving the daughter asmita in the custody of Indubai/respondent wife.

(3.) SHRI Patani has brought to my notice that when the judgment was delivered in the lower Court this Asmita was more than 71/4 years old and so the father is natural guardian. We cannot afford to forget that the relations between the husband and wife are strained. The wife has obtained an order of maintenance against the husband. Asmita is female and we have to consider her welfare, her interest and her future life. She is a girl of tender age and this is the age in which her character has to be moulded and shaped properly so that she should become an ideal woman. This task or work the mother can do in this world, of course natural mother. The applicant is a natural mother and it is to be presumed that while passing the orders, the Additional District Judge seems to have been taken into consideration these aspects.