V.B. Gupta, J.

1. The present appeal under Section 28(2) of the Hindu Marriage Act, 1955 (for short as the "Act") has been filed by the Appellant/Husband against an order dated 06:07.06 passed by Sh. K.S. Pal, Additional District Magistrate, Delhi whereby the Trial Court dismissed the application of the Appellant under Section 26 of the Act read with Section 151 of the Code of Civil Procedure, 1908 for grant of an interim custody of Appellants children by appointing him as a natural guardian.

2. The relevant facts for disposal of the present appeal are that the marriage between the Appellant and Respondent was solemnized on 23.01.92 at New Delhi according to Hindu rites and ceremonies and the same was registered with the Registrar of marriage under the Act in Delhi on 18.08.93. Two children were born out of this wedlock. The elder son Master Vaibhav Kasturia was born on 18.11.92 and the younger son Master Vishesh Kasturia was born on 10.01.98. Later on, there started differences between the parties and in Nov. 2001 the appellant shifted to Germany to work in Brandenburg Technical University, Germany. Respondent and two sons also came to Germany in April 2002. On 27.12.02,