3 . A perusal of plaint (paper no.9 kha) will go to show that plaintiffrespondent alleged that marriage of plaintiff-respondent was solemnized with defendant-appellant on 18.11.1999 in accordance with Muslim Rites and Customs. From the aforesaid wedlock, three children namely, Ms. Sania Azmi, date of birth 30.4.2002; Ms. Jainab Azmi, date of birth 14.1.2007; and, Master Mohd. Umair, date of birth 28.3.2008, were born. Subsequently, after passage of some time, relations between the parties became strained on account of which it was alleged by plaintiffrespondent that defendant-appellant started misbehaving with plaintiffrespondent. The defendant appellant is further alleged to have deserted plaintiff respondent. She started residing at her khala's place. A case under Dowry Prohibition Act was lodged by Defendant-Appellant. Same was subsequently, withdrawn and Defendant-Appellant again started residing with plaintiff-respondent. On 8.11.2008, an unfortunate incident occurred in the house of plaintiff-respondent. On the next day, i.e. 9.11.2008, defendant-appellant along with her three children left her marital home and went to her khala's place and started residing there. It is at this stage, that plaintiff-respondent filed Original Suit No. 151 of 2008 for restitution of conjugal rights, which was dismissed vide judgement dated 28.4.2009. The eldest daughter Ms. Sania Azmi was studying at New Oxford School, Haldwani. However, as defendant-appellant had taken her along with herself and residing at Bareilly, she has been deprived of her education. The interest of other two children namely Ms. Zainab Azmi and son Master Mohd. Umair is also not well protected in the guardianship of defendant-appellant as she does not have sufficient means to look after and maintain three minor children. As plaintiff-respondent is the natural
