( 1 ) INDER Dev Dua C. J.-The appellant in this appeal assails the order dated 7-9-1968 made by a learned Subordinate Judge 1st Class, Delhi, dismissing her application under section 26 of the Hindu Marriage Act for the custody of her minor male child below five years of age, the application having been made in the course of the proceedings for judicial separation initiated by her under section 10 of the said Act.

( 2 ) THE Court below has observed in the impugned order that there is nothing on the record to show that the father has not been properly maintaining and keeping the child and that the bare affidavit filed by the wife is insufficient to establish the contrary. The Court emphasised the fact that when the child was brought to the Court and was questioned as to whether he was happy with his father, he replied in the affirmative, and from the face of the child, the Court got the impression that he was quite happy with his father. The Court also asked the wife to go back to her husband at least for the sake of her child and after giving a trial, if she still felt that it was not safe for her to live with her husband. she could come away from her husband s house