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1967 Supreme(Del) 178

I.D.DUA
RAM PIARI – Appellant
Versus
SOHAN LAL – Respondent


Advocates Appeared:
Keshav Dayal, Manmohan Raj

I. D. Dua C. J.

( 1 ) THIS appeal has been presented from the older of the learned Guardian Judge, Delhi, dated 8th november, 1966 allowing the petition of Sohan Lal (respondent before me under section 25 of the Guardian and Wards Act for delivery of the custody of two minor children. The application was presented against Smt. Ram Piari, wife of Sohan Lal, and mother of the two minor children. The application was opposed by the mother of the children and on the pleadings the only issue framed and tried by the Court below was whether the appellant was entitled to the custody of the minors. The learned Guardian Judge was influenced by the fact that under Hindu law, father is the natural guardian of the minor children and that in the case in hand, the minors were not of such tender age as to require constant attendance from the mother. On this view, the learned Judge found no reason why the natural guardian should not be allowed custody of his miner children. While- narrating the facts, the Court also observed that Smt. Eam Piari had applied for maintenance, under section 488, Criminal Procedure Code, which was dismissed and her allegations that she had been maltreated and turned out










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