BALDEO PRASAD Vs. DHANARAM

JUDGEMENT

(1.) THE present appellant, Baldeo Prasad, applied under Section 25, Guardians and Wards Act, for the restoration to his custody of his three minor daughters aged, according to the finding of the lower Court, 14, 10 and 8 years respectively. These three children are at present in the custody of the respondent Dhanaram, their maternal uncle. Admittedly, the wife of the appellant and the mother of the children died some seven years ago. She actually died in the respondent's house and ever since then until recently, even on the appellant's own case, he assented to the children being maintained and brought up by the respondent. On 20th April 1926 a notice was served on the respondent asking for the return of the custody of the children, but this not being complied with the appellant filed the application referred to in the lower Court.

(2.) THE application was resisted on various grounds by the respondent and amongst these were the following:

(3.) THE lower Court, after recording the statements of the parties and of the three children, came to the conclusion that, regard being had to the interests of the girls themselves, it was desirable that they should continue to live with the respondent. The additional District Judge was also influenced by the fact that the appellant his, for years, had a mistress living in his house and, on these and kindred grounds, he declined to give the father the custody of his children.