OM PARKASH SHARMA Vs. URMILA SHARMA

JUDGEMENT

(1.) Appellant's application under Sec. 26 of the Hindu Marriage Act for custody of the minor daughter Kumari Doli was dismissed by the learned District Judge in Civil Suit No. 20-A/80. Aggrieved by this, this appeal has been filed under Sec. 28 of that Act.

(2.) The appellant was married to the respondent. Kumari Doli was born of this wedlock. She is now aged about six years. The parties are educated and are in service. The appellant is a Lecturer in a Government Higher Secondary School, while the respondent is a teacher in a Girl's Higher Secondary School. They are working at different places.

(3.) The appellant had obtained a decree for restitution of conjugal rights against the respondent. The respondent did not obey that decree for over a period of one year. The appellant then obtained a decree for dissolution of marriage by a decree of divorce in Civil Suit No. 22-A/77. In those proceedings, the question of custody of the minor did not arise. Kumiri Doti has admittedly been living with the respondent.