SHEELA Vs. JEEVANLAL

JUDGEMENT

(1.) AMARESWARI, J. :- This appeal relates to the custody of three minor children, a boy of 13 years, a girl aged 12 years and a boy of 10 years. The appellant Sheela was married to the respondent Jeevanlal, both Hindus on 28-6-1972. The respondent was working as a Chowkidar in the Chief Engineer's Office, Picket, Secunderabad drawing a gross salary of Rs. 843/- and after deductions a net of Rs. 600/- and odd. The appellant was a housewife at the time of marriage. They had three children, two sons and one daughter. The last child was born in 1977. After the birth of the last child, the appellant underwent tubectomy operation. According to the appellant-wife, the husband respondent never treated the family well, he was coming home in a drunken state and was often abusing the wife and children. He was playing cards and keeping bad company. It is her case that in September, 1985, he drove her out. She had taken a separate house in Olettuguda, next to the house of her mother and ever since, she has been residing there. The children who were till then studying in the defence school were admitted in the English Medium schools at Mettuguda, so that they may be nearer to their new home. To support herself and the children, the appellant had taken up a job and she was working as a Teacher in Pratapagiri Memorial School on a salary of Rs. 1200/- per month. In the year 1984, she filed O.P. No. 297 of 1984 for divorce on the grounds of desertion and cruelty by the husband. The O.P. was allowed on 5-12-1984 and an ex parte decree of divorce was passed. After waiting for six months, she married one William on 10-6-1985. The marriage was solemnized under the Special Marriage Act. Mr. Williams is a Christian. She has not changed her religion.

(2.) On 11-6-1985 i.e., the next day after her marriage with Williams, the husband filed a petition to set aside the ex parte order after condoning the delay. The said petitions were allowed and the ex parte decree was set aside. The wife carried the matter in revision to the High Court unsuccessfully. The petition for divorce on the ground of cruelty is pending.

(3.) During these proceedings, the respondent husband made an attempt to take away the children. The wife then filed O.S. No. 1994 of 1984 in the Court of the VIIIth Assistant Judge, City Civil Court for an injunction restraining the husband from interfering with the custody of children. The Civil Court ordered status quo as on 12-6-1985 (Ex. A-2). The Children are thus with the mother always.