IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 3642 of 2004 (O&M) Sukhwinder Singh ...Appellant versus Balwinder Kaur and another .....Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Karminder Singh, Advocate, for the appellant. Rajesh Bindal, J. Challenge in the present appeal filed by the father is for the custody of the children, who are residing with the maternal-grand-parents. Learned court below declined the custody of the children to the appellant on the ground that he was facing trial under Section 304-B IPC on account of death of his wife, namely, Charanjit Kaur, the mother of the children. Learned counsel for the appellant submitted that the respondents in the present case are not having sufficient means to take care of the needs of the children. It was so stated by them even in the pleadings before the court below when they claimed maintenance by filing application under Section 125 Cr. P.C. However, he was fair enough to submit that after the trial, the appellant was convicted under Section 306 IPC and was directed to undergo imprisonment for five years. Presently he is confined in jail. He is likely to be released in the next about six months. After hearing learned counsel for the appellant, I do not find any merit in the present appeal. The custody of the minor children cannot be considered safe in the hands of a person, who had been found guilty of death of their mother. The appellant had been convicted under Section 306 IPC for the death of his wife, the mother of the children. In view of the above, the present appeal is dismissed. 31.1.2011 (Rajesh Bindal) vs Judge