( 1 ) THE simple question that arises for decision in the appeal is whether it will be for the welfare of the minor daughter to return to the custody at her lather, the appellant herein. To appreciate this question, it is necessary to set out a few relevant facts.

( 2 ) THE appellant herein married Venkata Kalua-vati in 1945 and the minor daughter Swayamprabha alias Papa was born in 1947. The appellant and his wife lived amicably till 1947. According to the respondent, the maternal grand-father, the appel-tant wanted the respondent to purchase a house in his name and as he refused to do so, his wife and child were left with him in 1948 or 1949. It is common ground that from 1948 or 1949, both Venkata Ratnavati and her minor daughter were living with the respondent. The appellant admitted that he did not send a pie to the minor girl for her maintenance.

( 3 ) THE exact date of the death of Venkata Ratnavati is in dispute between the parties. The appellant stated in his examination-in-chief that his wife and child were taken to the respondents house in 1948, that she died in January, 1949 and that he took a second wife thereafter. In the cross-examina-tion he stated