Kuldip Chand Sood, J.—This appeal under Section 47 of the Guardians and Wards Act, 1890, hereinafter referred to as the Act, is directed against the judgment of the Senior Sub Judge, Solan, District Solan, (exercising the powers of the District Judge) dated 31.8.1992.

2. It appears Kanchan Rani, hereinafter referred to as the wife, was married to Bhupinder Singh, appellant herein and hereinafter referred to as the husband, in the year 1984. Kumari Alka was born out of the wedlock on 4.11.1984. In the year 1990, the wife filed a petition under Sections 11 and 13(l)(ia) of the Hindu Marriage Act before the learned District Judge, Solan for declaration that her marriage with the husband is nullity and in the alternative for a decree of divorce on the ground of cruelty. The learned District Judge vide his judgment dated 28.11.1990 held that no legal marriage was solemnised between the parties.

3. The husband and wife thereafter started living separately. The wife is employed as nurse in the hospital in District Solan. The husband is a tailor by profession at Chamba.

4. On 3.12.1990, the wife moved a petition under Section 25 of the Act for the restoration of minor daughter Alka to