Pradeep Nandrajog, J.

CM Nos. 29526-27/2016

1. For the reasons stated in the two applications 30 days’ delay in filing the reply and 61 days’ delay in re-filing the reply to CM No.8462/2016 is condoned.

2. Both applications are disposed of.

CM No.8462/2016

1. Developments statedly having taken place during pendency of the appeal are sought to be brought on record.

2. The application is allowed.

MAT.APP.(F.C.) No.99/2014

1. An interesting question arises for consideration and regretfully the respondent has chosen to abstain from appearing. None appeared for the respondent yesterday. The appeal was re-notified for today. None appears for the respondent even today.

2. The interesting question which arises is : whether a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders can one day withdraw the proceedings and continue to take benefit of the interim orders? The question would subsume the question : whether the other spouse can seek to be transposed as the petitioner?

3. The respondent filed a petition under the Guardians and Wards Act seeking a declaration to be declared the sole guardian of Master N