1. This C. M. Appeal arises out of an order passed by the court below dismissing a petition filed by the appellant under S.25 of the Guardian and Wards Act.

2. The petitioner is the father and the respondent is the mother of the two minor boys aged 8 and 6 respectively who are the subject of the petition. After six years of married life, in or about November, 1953 the parents had separated and the boys had from that time onwards been in the custody of the mother. It was the appellant's case that his father-in-law took away the wife and children without his consent or knowledge. The respondent's explanation on the other hand which the court below accepted was that she was suffering from a very bad tooth-ache and the appellant took her and the children from the marital home to her father's house where he stayed three or four days and then left but not to return. On 9-11-1956 the appellant took a second wife in marriage and this led to a criminal complaint by the respondent, soon after on 13-11-1956 for bigamy. Before yet that prosecution was over respondent filed petition on 23-11-1956 for maintenance of herself and the children under S.488 of the Criminal Procedure Code.