( 1 ) THIS appeal has been filed under Section 47 of the Guardians and wards Act, 1890 (hereinafter referred as 'the act') against the order dated 25-8-2004 passed by the -District Judge, Raisen, in misc. Civil Case No. 32/2003.

( 2 ) AN application under Section. 7 of the act was filed by the present appellant that he and respondent were legally married in accordance with the customs of the Muslim law on 1-11-1999. The marriage was performed at Raisen. The appellant is from bhopal. After the marriage took place the appellant and respondent resided at Bhopal. Thereafter some disputes arose between the appellant and the respondent and which is not the subject-matter of this appeal, however, the position which exists today is that the appellant is residing at Bhopal along with his family and respondent (wife) is residing with her parents at Raisen. This fact is no more in dispute that on 29-4-2001 female child was born from the wedlock of the parties. The birth took place at Bhopal.

( 3 ) AS per the case of the appellant, after the relations became strained between the parties the wife left the company of her husband and started living at Ralsen since 12-6-2001. She also carried with

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