Mr. Mohinder Pal, J.: - The appellant has preferred this appeal against the judgment dated 28.8.2009 passed by the learned Guardian Judge (Exercising the Powers of District Judge), Jind, whereby the petition filed by appellant Krishan under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956, for custody of the minor girl child Pooja, who was born on 20.8.2000 out of the wedlock between the appellant and respondent, was dismissed.

2. I have heard Mr. Jai Bhagwan Sharma, Advocate, appearing for the appellant and Mr. Harish Nain, Advocate, appearing for the respondent and have perused the impugned judgment.

3. Presently, the custody of baby Pooja is with her mother Anita alias Neeta (respondent). On a petition filed by the respondent for divorce, she was granted ex parte divorce. Proceedings initiated by the appellant for setting aside the ex parte decree of divorce are stated to be pending before the trial Court. It is admitted position that the appellant and his brothers are facing criminal trial under Sections 498-A, 406, 323 and 506 of the Indian Penal Code in the Court of Judicial Magistrate Ist Class, Jind, on