( 1 ) * * * *

( 2 ) IN the instant case, the application for maintenance was filed on 17th september 1990. The same came to be dismissed for non-appearance of applicantmother on 25th September 1992. It was ordered to be restored on file on 18th March 1993. Application for maintenance is filed for two minors also. Both the minors appear to be twins, aged 11 months old only on the date of the application. It will be relevant to state at this stage that it is the duty of the father to maintain his own minor children. It is not the choice of the minor children to choose whether to stay with the father or the mother. Till they are minors, they are entitled to stay with the mother and the mother is entitled to keep them in her custody. It is clear eleven months old children are neglected or refused to be maintained by the father. The question, therefore, is if an application is filed for and on behalf of the minors can such an application be dismissed by the learned Magistrate for no fault on their part and for the fault of the guardian like mother in the present case. In my opinion, when an application for maintenance is filed for the minors through its guardians, it was th