H.R.Sodhi, J.

1. This is an appeal arising out of the proceedings taken by Gurnam Kaur mother of Jito aged 12 years, before the Guardian Court under Section 25 of the Guardians and Wards Act, 1890 (hereinafter called the Act). The facts which are necessary for decision of this appeal may be stated hereunder.

2. Gurnam Kaur was married to Jamal Singh resident of village Mornawali, District Sangrur. He died some 4/5 years back and after his death Gurnam Kaur married Bhag Singh Tarkhan of Sangrur. It is alleged that in between her marriage with Bhag Singh, she had contracted marriage with Anokh Singh, respondent 2, brother of Jaimal Singh deceased by Chadar Andazi. After her marriage with Bhag Singh, a dispute arose between her and Anokh Singh, Maluk Singh and Darshan Singh, brothers of Jaimal Singh deceased on the other side, about the custody of Jito and her two minor bothers Joginder Singh and Joga Singh. The respondent Gurnam Kaur had even once applied for search-warrant under Section 100, Code of Criminal Procedure, for custody of the children. Anokh Singh made a complaint against her under Section 494, Indian Penal Code, alleging that she having married him by Karewa aft