S. Malimath, J.—This is an appeal by the wife of the respondent against the order passed by the Civil Judge, Civil Station, Bangalore, In M. C. No. 20 of 1970 directing the appellant to hand over the custody of the child Saraswathi to the respondent-husband.

2. The respondent filed the suit on 8th of April 1970 against the appellant for restitution of conjugal rights under the provisions of the Hindu Marriage Act, 1955. The respondent also filed an Interim Application No. 1 on the 8th of April 1970 under Section 26 of the Hindu Marriage Act, 1955 and prayed for the custody of his child Saraswathi, who is about 3 1/2 years old, pending disposal of the main case. That application was seriously contested by the appellant-wife. The learned Civil judge has allowed the respondent's application and made an order for restoration of the custody of the child Saraswathi in favour of the respondent-husband.

3. It is the correctness of the order passed by the learned Civil Judge that is challenged by the wife in this appeal.

4. The appellant and the respondent were married sometime in the year 1965. The child, in question, Kumari Saraswathi was born on 1-11-1966. Thereafter, another male c