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1991 Supreme(Pat) 89

SACHCHIDANAND JHA
Usha Devi Sharma – Appellant
Versus
Rajendra Kumar Kalia – Respondent


Judgment

Sachchidanand Jha, J.

1. These two revision applications are being disposed of by a common judgment since they arise out of the same order in proceeding under Sec. 25 of the Guardians and Wards Act, 1990 (hereinafter referred to as the Act). While Civil Revision 401 of 1989 has been filed by Smt. Usha Devi Sharma, the applicant in the said proceeding in the Court below against the order refusing her petition for interim custody of the child under Sec. 12 of the Act, Civil Revision No. 144 of 1989 has been filed by the opposite party against the order disallowing their objection as to jurisdiction of the Court. The principal contestants are the two sisters, with their respective husbands arrayed on the sides of their wives.

2. The relevant facts of the case are that a male child called Amit @ Sharad was born to Smt. Usha Devi Sharma (hereinafter referred to as the petitioner) on 1-11-1982 at Bhagalpur. The child being the third issue of the parents, the elder sister of the petitioner (Smt. Shakuntala Devi Kalia) (hereinafter referred to as the opposite party), who was issueless, expressed a desire to the child in adoption and on 26-11-1982 some kind of agreement is also said














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