MOHD FARUQ LURHSHI Vs. MANZAR BANO

JUDGEMENT

(1.) THE appellant before me moved an application under Section 25 of the Guardian and Wards Act, before the learned District Judge. Jaipur, City, Jaipur, for custody of his two minor sons. This application was dismissed by the learned District Judge on September 10, 1981, hence this appeal.

(2.) BRIEFLY stated the facts are that the applicant was married to the opposite party in Jaipur on November 3, 1969. They lived together for some time but then his wife used to go-away to the parents house. During this period, two sons were born to them on 23. 8. 1972 and 5. 6. 1973. The applicant has not given the date on which his wife took away her sons permanently from his house but it appears that it was some-where in February, 1983 when his wife started living at her parents' house. Efforts of the appellant to bring his wife and children failed. According to the appellant, when the sons were living with him,they were studying in Nehru Memorial, School, Motinagar, but after they were taken away by their mother, their studies stopped and their future has become back. There are no facilities for studying at the house of the wife's father, where they are presently residing According to him welfare of the children is their staying with their father who will look after their studies and educate them.

(3.) I have myself talked to the children and they are quite happy with their mother. I have also questioned them about their education and it appears that they are attending school and learning something but are not as efficient as they should be according to their age. However, it would not be proper to send them at their father's house.