DHANIRAM Vs. KUSMA BAI

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the impugned order dated 1. 10. 1999, by ADJ, Dindori in Guardians and Wards Case No. 3/97, whereby the petition of the appellant for custody of minor Chameli, aged 5 years, (at the time of filing of the pennon) has been dismissed.

(2.) THE appellant/petitioner filed an application under Section 7 of Guardians and Wards Act, 1890 r/w Section 6 of Hindu Minority and Guardianship Act, praying for custody of his minor daughter Chameli begotten by respondent Smt. Kusma Bai. It appears that the respondent was kept as mistress by the appellant. However, both parties are now living separately. Minor Chameli-daughter of respondent is living with her.

(3.) THE application was opposed by the respondent. It was stated by the appellant that his wife Shyama Bai is residing with him. They have four daughters. The appellant is not taking care of his children; There is an order under Section 125 of Cr. P. C. against the appellant granting maintenance in favour of minor Chameli Bai, and the appellant has filed this, petition in order to avoid payment of maintenance as above. It has also been stated in the reply by the respondent that in a criminal complaint the appellant and his wife Kusma Bai were convicted under Section 498-A of the Indian Penal Code.