( 1 ) THIS Appeal by the respondent-wife is directed against the judgment and decree dated 17. 9. 1981 made by the Civil Judge, k. G. F. , in Gandw/3/1980 on his file allowing the petition and ordering respondent-wife to deliver the minor-children-Sham and Prith to the custody of the petitioner. The application under Sec. 6 of the hindu Minority and Guardianship Act r/w sec. 25 of the Guardian and Ward Act, 1880, was instituted' before the District judge, Kolar-Gold-Fields by the husband s. R. Suryanarayana Rao. He averred in the petition that respondent in the petition, namely, Smt. M. L. Nagarathnamma was his legally wedded wife and their marriage took place in the month of August 1969, that after the marriage they lived together as husband and wife and out of their wedlock two children were born to them. The first child is a son by name Sham and he is aged 13 years. He is studying in the middle school, and the second child is a girl aged about 9 years. Misunderstandings, however, developed between the husband and the wife, and the husband was forced to file a petition for restitution of conjugal rights before the Civil Judge, Kolar, in m. C. 15/1971 and the petition was allowed.

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