BADDI REDDI BULLIRAJU Vs. KEDAM SURYA RAO

JUDGEMENT

(1.) The simple question that arises for decision in the appeal is whether it will be for the welfare of the minor daughter to return to the custody at her lather, the appellant herein. To appreciate this question, it is necessary to set out a few relevant facts.

(2.) The appellant herein married Venkata Kalua-vati in 1945 and the minor daughter Swayamprabha alias Papa was born in 1947. The appellant and his wife lived amicably till 1947. According to the respondent, the maternal grand-father, the appel-tant wanted the respondent to purchase a house in his name and as he refused to do so, his wife and child were left with him in 1948 or 1949. It is common ground that from 1948 or 1949, both Venkata Ratnavati and her minor daughter were living with the respondent. The appellant admitted that he did not send a pie to the minor girl for her maintenance.

(3.) The exact date of the death of Venkata Ratnavati is in dispute between the parties. The appellant stated in his examination-in-chief that his wife and child were taken to the respondents house in 1948, that she died in January, 1949 and that he took a second wife thereafter. In the cross-examina-tion he stated that his first wife eloped with a Muhammadan and that he consequently married a second wife. Towards the end of the cross-examina-tion he stated that his wife was still living at Hyderabad. The respondent also gave varying ver-sions as to the date of the death of his daughter. In M. C. No. 20 of 1953 on the file of the Sub-Divisional Magistrate, Peddapuram, filed on 28-5-1953, he stated that the whereabouts of his daughter were not known and that he presumed that she was dead. But, in his counter to the present application, he stated that she died in August, 1952. When he was examined as R. W. 1, he deposed that she died in 1951. It is clear from the proceedings in C. C. No. 229 of 1950 on the file of the Addl. 1st Class Magistrate, Kakinada that the appellants wife was living at least on 12-10-1950. It is not necessary to decide for the purposes of the present application when exactly she died. She must have died some time after October 1950.