J. B. MEHTA, S. H. SHETH, J.

( 1 ) THE appellant-plaintiff father of the minor children who had filed the application under sec. 25 of the Guardian and Wards Act) 1890 hereinafter referred to as the Act has filed this appeal as the learned Single Judge had set aside the trial Courts order on the ground that it had no jurisdiction and he had further held that the provisions of sec. 21 of the Code could not be invoked in such cases. The appellant respondent No. I were married on February 18 1961 and were residing at Palanpur. There were three children of this marriage. The first son was born on July 22 1963 the daughter was born on February 28 1966 and the second son was born on May 15 1968 It is the case of the appellant that respondent No. 1 wife ran away from the family house at Palanpur on October 31 1967 to her fathers house in village Vaghel in the jurisdiction of the Mehsana District Court. The appellant therefore applied for restoration of custody of these three minors who were removed by respondent No. 1 wife to village Vaghel against the will of the appellant. This application was filed on January 6 1970 before the District Court at Palanpur and in the same application the a

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