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2005 Supreme(SC) 121

RUMA PAL, C.K.THAKKER
MAMTA ALIAS ANJU – Appellant
Versus
ASHOK JAGANNATH BHARUKA – Respondent


ORDER

1. Leave granted.

2. The question is whether the custody of the two daughters should be given to the appellant who is the mother or to the respondent who is the father. The parties were divorced by a decree of mutual divorce on 2-3-1998. At that time the ages of the daughters were eight-and-a-half years and fiveand-a-half years respectively. Prior to the divorce decree being passed, the respondent had filed an application for being appointed as guardian of his two minor daughters. The application was allowed on 12-6-1998. The appellant was directed to hand over the custody of the two children to their f father. The appellants appeal before the High Court was rejected.

3. The sole ground on which the appeal was rejected was the satisfaction of the Court that the appellant had disqualified herself from getting the custody of the children because she was residing with a stranger "without any relation known to law".

4. The respondent himself has since married. The appellant has also g married. The ground on which the High Court rejected the appellants appeal is thus no longer available. We are of the view that before deciding the issue as to whether the custody should be given to



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