VICTOR JUSTIN WALTER Vs. MARIE JOSEPHINE WALTER

JUDGEMENT

(1.) The appellant, Victor Justin Walter, is the husband of the respondent 1, Marie Josephine Walter. They are European British subjects within the meaning of the Guardians and Wards Act 8 of 1890, and are Roman Catholics by religion. They were married in 1921 and the child, Leon Walter, born on 27 September 1923, is the only issue of that marriage.

(2.) On 16 June 1926, respondent 1 applied to be appointed guardian of the person of the child under circumstances which have been set out in detail in the order from which this appeal has been preferred. This application was opposed by the appellant. The Second Additional District Judge, by an order dated 17 January 1927, allowed the application of respondent 1 with costs and also made an order on the appellant to pay a sum of Rs. 100 a month to respondent 1 for the maintenance of the child. Hence this appeal.

(3.) The marriage, it seems, has not been quite a happy one. The appellant is a purser in the employ of the British India Steam Navigation Company drawing a pay of Rs. 250 or so. His duties keep him away from his home for nearly nine months in the year, if not more, and he can only be at home for a few days at the end of every two months or so. Respondent 1 suffers badly from severe filarial troubles and, as far as we can gather, is a young woman somewhat sick of her environments, with a feeling of deep-rooted disgust for what she considers to be neglect on the part of her husband; and a vein of utter dissatisfaction runs through all her utterances, which sometimes border on hysterics. For a few months after the marriage, she she was left by the appellant with his sister with whom she could not agree and thereafter she returned to her mother, Mrs. Bridget Katherin Antonio, to Lucknow, where the latter lived at the time. The mother is a trained nurse, and husband is fairly well off and in service.