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1975 Supreme(Raj) 149

TYAGI
Gangabai – Appellant
Versus
Bherulal – Respondent


Advocates Appeared:
M.R. Kala for A.L, Mehta, for Appellant; S.T. Porwal and N.P. Gupta, for Respondent

TYAGI, (Ag.) C. J.—This appeal of Smt.GangaBai is directed against the order of the District Judge, Udaipur, dated March 23, 1974, in Civil Misc. Case No. 69 of 1972, whereby the learned Judge directed that the custody of her minor son Kishanlal shall be returned by Smt. Gangabai, the mother of the boy, to his father respondent Bheru Lal. As regards the custody of the minor daughter. Deu alias Bagdi, aged about 14 years, the learned judge ordered that she would remain with her mother Smt. Ganga-bai, appellant. That portion of the judgment has not been challenged by preferring-cross-objection by Bherulal, respondent.

2. Bherulal was married to Gangabai on February 27, 1957, and out of this wedlock she gave birth to two children, namely, Deu alias Bagdi on January 1, 1962 and Kishanlal on March 2, 1965. The lived in an atmosphere of peace and amity upto 1968 when, it so appears that the relationship between the husband and wife became strained. An allegation was levelled against Bherulal that he had conducted a nata marriage with one another lady Mst. Lehri and kept her as his wife. This marriage is alleged to have taken place on December 10, 1969. Before this marriage took place ther













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