- (1.) C.M. No.3658-CII of 2006 This application is for restoration of the appeal, which was dismissed for non-prosecution on 14.2.2006. Application is accompanied by an affidavit.
(2.) In view of averments made in this application, it is allowed and order dated 14.2.2006 stands recalled. Appeal is restored to its original number. On request, appeal is taken up on Board for hearing.
(3.) This appeal has been filed against order dated 3.8.2005 vide which application of the appellant to get custody of the minor children was dismissed. Court below has given a categoric finding that at this stage, to remove the children from the custody of their mother, shall not be conducive for their development. It has also come on record that the children are residing with the mother since 1998. Application to get their custody was filed in the month of March, 2003. There is no evidence on record, to show that during long period of 5 years between 1998 to 2003, any attempt was made by the appellant to look after the children by sending some amount or further that he made any attempt during this period to meet the children/ to get their custody. Mother is well-off and she is getting income, which is sufficient to maintain both the children. Finding to that extent, given by the Court below, is perfectly justified. No case is made out to interfere in pure findings of fact given by the Court below. Dismissed.;