PAPPU BAI Vs. SAJAN DAS

JUDGEMENT

(1.) MOTHER of three children (all minors) has come up in appeal under Section 47 of Guardians and Wards Act, challenging the order passed by the learned IIIrd A. D. J. , Indore, in Guardian Case No. 159/ 96, dated 17. 11. 1997. By impugned order, the learned trial Judge has been pleased to allow the application made by the father (respondent) under Section 25 ibid and has directed the appellant i. e. mother to handover the custody of three daughters to him (respondent-husband ). Facts are these :

(2.) OUT of wedlock between appellant and respondent, three children (two daughters and a son) were born, Chanchal -15 years, Sheetal -11 years and son -5 years (age at the time of making application in 1998 ). Unfortunately, differences arose between wife and husband (appellant and respondent) to this extent that it resulted in their separation. Both started living separately. The case of wife (appellant herein) was that husband i. e. father of three children was cruel to her and children, he was an addict of liquor, he would beat the wife off and on without there being any cause and had become nuisance value in the family. It was for this reason when matter went out of control, she left the house with these three minor children in 1992 and started living separately. The respondent then made an application in 1998, (almost after a period of six years) for the custody of three children which was allowed by the learned trial Judge by impugned order, it is this order which is challenged in this appeal by the wife i. e. mother of three children.

(3.) HEARD Mr. R. C. Mehta, learned Counsel for the appellant and Mr. A. S. Rathore, learned Counsel for respondent.