MAJOR NAUNIHAL SINGH Vs. JAGDISH KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Senior Subordinate Judge, Amritsar, dismissing the application under Section 25 of the Guardian and Wards Act read with Section 6 of the Hindu Minority and Guardianship Act filed by Major Naunihal Singh Giani, claiming the custody of his minor son and three minor daughters from this wife Jagdish Kaur.

(2.) The material facts of this case are that Major Giani and Jagdish Kaur were married in January 1948. Out of the wedlock they had six daughters and one son. The present application, though made for the custody of four minors, in the course of trial, the claim was confined by Major Giani, to the minor son Sukhprit Singh and the minor daughter Rajinder Kaur. Major Giani belongs to Amritsar. He being in the Army, his permanent residence was for some time in the locality know as Fort and later in the house in the Hall Bazar, Amritsar. After his retirement Major Giani joined his family. It was June 16, 1973 that the disruption took place. On the said date Jagdish Kaur with all the children left the house in the Hall Bazar, Amritsar. The parties are at variance with regard to the circumstances leading to the disruption.

(3.) The allegations of Major Giani are that his wife Jagdish Karu left the matrimonial home with the children, without any excuse. She did not agree to return with the children and to perform the duties of a faithful wife. Instead she wants to live an independent life. She is under the influence of some undesirable person. He being the natural guardian of the children is entitled to their custody, specially when it is not in their welfare to live with their mother.