JAGDISH SINGH Vs. PALVINDER KAUR

JUDGEMENT

(1.) This is an appeal against the order of the learned Senior Sub Judge, Patiala dated December 18, 1973 whereby the application of the appellant under section 25 of the-Guardians and Wards Act, 1890 for the custody only of the minor daughters was dismissed.

(2.) These proceedings were instituted in the year 1972 when the daughters were of very tender age. Now they are quite grown-up I required the learned counsel for the respondent to produce them in the Court on April 27, 1981. They were produced in the Court today and on an enquiry it was found that one of them was 13 years old and the other of 11 years. Both of them stated that their mother was looking after them very well and they did not want to go to their father. They even went to the extent of alleging that their father sometimes came to the house in the absence of their mother and gave beatings. The children being grown-up females need very much the care and attention of the mother at the age at;which they are now. Although according to the appellant he has his mother to look after them but she is quite aged nearing 70 years. The father has to go out for work and it would not he possible for her to look after them. Moreover, at this age the children need a particular attention of the mother and they cannot repose their confidence in the father in certain matters. Moreover, nothing could be pointed out by the learned counsel for the appellant which could justify interference with the exercise of the discretion by the learned Senior Sub Judge in favour of the mother. Taking into consideration all the circumstances, I agree with the trial Court that it would not be in the welfare of the children to entrust them to the custody of the father. The appeal is consequently dismissed. No costs.