1. The appellant is the father of the minor child Anusha Mohan. He wants her custody from the respondent, who was his erstwhile wife. Their marriage was declared as a nullity on the application of the appellant in C.S. No. 83 of 1990. The appellant is a Christian and the respondent is a Hindu and the marriage was not registered under the Special Marriage Act. It was in that circumstance, the marriage was declared as a nullity.

2. Out of the wedlock, which was declared invalid, the respondent gave birth to two daughters. The elder daughter, by name Regina Mohan, is with the appellant. In his application for getting custody, the appellant alleges that in the interest and welfare of the children, both of them will have to be brought up together. It is also stated that the respondent is professing Hindu faith and she is bringing up Anusha also in that faith. It is further alleged that she is unfit to be the guardian of the child and that she has forfeited that right after leaving the matrimonial home. It is also stated that the petitioner will be in a position to meet the requirements of both the minors and look after their interest and welfare since he has got the capacity,