Sinha, J.

1. This appeal by the father has arisen out of an order of Mr. P.K. Nag, District Judge of Shahabad, allowing the application of the mother for the guardianship of her minor son.

2. Appellant Bhola Nath was married to the respondent Sharda Devi some time in 1949, and she gave birth to a male child on 13-4-1951, at Buxar, which is her mothers place. According to her, the appellant, who is a resident of Banaras, was not a man of good morals, he was given to drinking also and she was illtreated by him. She was sent to Buxar by the husband to deliver the child, and, after the child was born, she went to her husbands place at Banaras for a few months. She was again illtreated, and she came back to her mothers place at Buxar with the baby. Some time later, the appellant came to Buxar to take her back to Banaras, but she refused to go there because of her illtreatment.

A few days before the present application was filed, her husband stealthily took away the child from Buxar to Banaras. Various efforts were made on behalf of the mother to get back the child, but the child was not returned. The application was made on 6-6-1952, when the child was a little over a year old.