1. Appellants petition seeking custody of wards i.e. minor sons and daughter namely Shahid Hayat, Tanveer Hayat, Nadeem Hayat and Shugufta in terms of Section 25 of Guardian and Wards Act has been declined by Sub Judge, Handwara vide judgment dated 28.09.2002 which is now impugned. Basically appellant and respondent were married. From the wedlock three sons and a daughter are born. Nuptial knot got untied due to the divorce but respondent alongwith children continued to live in the house of the appellant. Appellant who is Head Constable in the J&K Armed Force has remarried and has got children from the 2nd wife so is putting with her at Srinagar.

2. Appellant with the object of divesting respondent of her children filed petition for custody of the children, contending therein that educational career of the children is not safe in the hands of respondent as respondent is not in a position to maintain them due to economic backwardness. It is also contended that though appellant in connection with employment is away from his home but his sister is available to take care of the children in his absence.

3. Learned trial court after evaluating all the facts and circumstances and on proper

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