( 1 ) THIS unfortunate matter arises out of matrimonial differences. A girl of 14 and a boy of 11 are living with their mother. Their is a contest between the parents as to which should have their care and custody. Each is attacking the other. The guardian judge has decided that the minors should be transferred to the father s control. From that order mother appeals to this court.

( 2 ) THE appellant, Smt. Prabhati Mitra, is the mother of the children. The respondent, Shri D. K. Mitra, is their father. Their marriage was dissolved by a decree of divorce passed by this court on 21. 5. 82. There are two children of the marriage. A daughter Sofia alias Bipasha, a girl 14 years of age. She was reading in 8th class in Lady Irwyn School. The other is a son. Raja alias Tanmoy, a boy 11 years of age. He was studying in 5th class in Frank Anthony School.

( 3 ) UNFORTUNATELY the marriage of the parties came to grief. The mother left the house on 22. 3. 1980. On 25. 7. 1980 she made an application under section 25 of the Guardian and Wards Act for the custody of the two minor children. The father opposed. The application was dismissed for want of prosecution on 24. 8.