JUDGMENT - H.W. DHABE, J.:---This is a revision by the applicant-husband whose petition for declaration and appointment as the guardian of the person and property of his minor child under section 10 of the Guardians and Wards Act, 1890 (for short, "the Act") is stayed by the learned trial Court under section 10 of the Code of Civil Procedure (for short, "the C.P.C.").

Briefly, the facts are that the applicant was married to the non-applicant on 5-6-1968 in Tejpur, in the State of Assam. A daughter was born out of their wedlock on 21-5-1969. However, it appears that there were bickerings between the husband and the wife thereafter and the wife i.e. the non-applicant No. 1 instituted against the applicant-husband divorce proceedings at Tejpur in Title Suit Hindu Matrimonial petition No. 2 of 1978 which are, I am told by the parties, pending before the District Judge, Tejpur. It is clear from the prayer in her petition for divorce (see document No. 2, prayer clause) that she claimed in the divorce proceedings the following reliefs:

"It is prayed, therefore, that the petition be admitted, notice be issued on the respondent and the marriage be dissolved by a decree of divorce, it be fur

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