1. This is an appeal under S.47 of the Guardians and Wards Act , 1890 (for short the Act, 1890) read with S.19(1) of the Family Courts Act , 1984 (for short the Act, 1984) challenging the order passed by the Family Court, Bemetara, allowing the respondent / wife's application / plaint for custody of minor girl Ku. Sakshi under S.25 of the Act, 1890.

2. As pleaded in the plaint filed by the wife, the parties were married about 7 years back from the date of institution of the proceedings by the respondent / wife. Two girl child namely; Ku. Ashtha & Ku. Sakshi were born out of the wedlock. On account of giving birth to two girl child, members of her in - laws' family started torturing her and the appellant / husband started threatening the wife to perform second marriage. The wife was locked in a room from morning to evening on 30-7-2011. When the lock was opened in the evening the wife was driven out of the house. On that date Ku. Ashtha accompanied the wife, but the husband forcibly retained Ku, Sakshi in his house. Being the natural guardian of the girl child, aged about 2½ years, the application was filed for her custody.

3. The appellant / husband denied the plaint allegations, in