SEWA SINGH Vs. JAGIR KAUR

JUDGEMENT

(1.) The parties to this appeal are husband and wife, having five children, two sons and three daughters. On 11th of April, 1972, the husband filed a petition under section 25 of the Guardian and Wards Act against his wife for the custody of three minor daughters and one minor son. While the proceedings were pending before the Court below one daughter and one son became majors and therefore, the guardianship case was considered in regard to the remaining two children. The application was opposed by the wife and on the contest of the parties, the following issues were framed:

(2.) While the appeal was pending in this Court, the counsel for the parties have agreed that one more daughter has become major and Harmohinder Kaur is the only minor child aged 16 years who is living with the mother and is studying. Therefore, this appeal would be regarding the custody of this minor child only.

(3.) After hearing the counsel for the parties, I am of the view that no ground has been made out for interference with the conclusions arrived at by the Court below. The appellant is serving as a driver in Pepsu Road Transport Corporation whereas the respondent is earning some amount by working as a maid servant but she is being supported and maintained by her brother who has been looking after the four children. The respondent has some landed property in her name which is being cultivated on her behalf by her brother and the brother is maintaining all of them from the income, from that land besides the income from his own land. Two of the daughters, who have become major, appeared as witnesses during the trial of the case and stated that they did not want to live with the father and wanted to continue living with their mother. At the time they appeared to make the statements, the eldest one was in the final year of the Home Science whereas the second one was studying in Prep and at that time the age of the third daughter was only 9-1/2 years who was studying in school. This clearly goes to show that the children were being properly educated by the respondent come in the statement of the eldest daughter, who appeared as R.W. I that the eldest brother who was living with the father studied only up to 8th Class.