1. This first appeal is against the judgment and order passed by the Assistant Judge, Akola in Misc. Civil Application No. 57 of 1976 declaring and appointing petitioner as the guardian of minors Mohamed Raees and Waheeda Begum and also directing the return of the minors to the guardian declared by his orders.

2. An application for appointment of herself as guardian and for the custody or returning the minors to her custody was filed by Shamin Banoo against her husband Mohomed Shafi under S.7 and S.25 of the Guardians and Wards Act . She alleged therein that she was married to Mohomed Shafi and bore three children from respondent Mohomed Shafi, namely, Mohomed Raees whose age was given as 4 years, Waheeda Begum, whose age was given as 21/2 years and Farooque who was aged 11/2 years at the time when this application was presented. She then stated that she was given very cruel treatment by the respondent who wanted to marry another woman and drove her out, and at that time snatched Mohomed Raees and Waheeda Begum from her. Farnoque was then only a month old and was allowed to be retained with her. She, therefore, filed this application for custody or return of the custody of the min