S.K. Mal Lodha, J.—This appeal under section 47 (b) of the Guardi-ans and Wards Act (No. VIII of 1890) (for short the Act hereafter) is directed against the order dated October 4, 1978 of the learned District Judge. Bhilwara, by which, he directed return of the application under section 10 and 25 of the Act to the appellant, which was filed on January 3, 1975.

2. The case of the appellant is that she moved an application under sections 10 and 25 of the Acton January 3, 1975 before the learned District Judge Bhilwara that she may be appointed guardian of the person and property of Sushree Meena, who is the minor daughter of her son late Sushil Kumar and that she may be returned to her custody from Smt Maya Devi (respondent No. 1.) It has been stated that Shri Sushil Kumar and Smt. Maya Devi were married on July 15, 1972. Out of this wedlock, Sushree Meena was born on April 20, 1973. It is said that when Sushree Meena was only one month old, Smt. Maya-devi left her matrimonial home and went to her parents house at Bandikui. The relations between Sushilkumar and Smt. Maya Devi from the very inception of the marriage were unhappy. It has further been stated that after Smt. Maya Devi had

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