BABLU ALIAS RAMADHAR Vs. MUNNI BAI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4. 3. 1997 in Guardians and Wards Case No. 3/95 by I Addl. District Judge, Shahdol, whereby the petitioner/appellant's application under Section 10 of the Guardians and Wards Act, 1890, has been dismissed.

(2.) UNDISPUTABLY, the petitioner/appellant is the father of minor girls Meena and Bhama. The respondent lived with the appellant as his wife and Meena and Bhama were born out of the same wedlock. It is also not in dispute that the parties are living separately and the respondent/wife after leaving the house of the appellant has started residing with her mother for the last about 10 years prior to the filing of the petition. Undisputably, in a proceeding under Section 125 of Criminal Procedure Code, the petitioner/appellant has been directed to pay maintenance @ Rs. 200/- per month for his minor daughters who are presently in custody of his wife-the respondent, prior to the filing of the petition.

(3.) THE petitioner/appellant filed this application for custody and guardianship of the minor daughters mainly on the ground that the respondent-his wife is living with his mother while the latter has married a person of another caste. This would cause difficulty in the marriage of minors. It has also been averred by the appellant/petitioner that the respondent is not properly looking after and educating the minor daughters.