JUDGMENT

V.K. Jhanji, J. - Dalip Jerath son of Shri D.D. Jerath, resident of Hinnoo House, Ranchi (Bihar) was married to Shalini Jerath daughter of Shri R.K. Sood, resident of K-1401, Palam Vihar, Gurgaon (Haryana) on 5.11.1987 at New Delhi. After the marriage, parties lived together and co-habited and out of the said wedlock, three sons, namely, Devesh, Arjun and Sidharth were born on 8.8.1988, 12.10.1989 and 14.3.1993 respectively.

2. It is the admitted case of the parties that since 30.6.1994 they are living separately as serious differences arose between them. It is also admitted that all the three sons are living with the respondent-Shalini Jerath. The matrimonial dispute led to the filing of petition for divorce by husband-Dalip Jerath against his wife Shalini Jerath in the Court of Judicial Commissioner at Ranchi and under orders of Honble Supreme Court, the said petition has been transferred from the Court of Judicial Commissioner, Ranchi to the Court of Shri Raminder Jain, Additional District Judge, Gurgaon. Dalip Jerath had also filed an application under Section 25 of the Guardian and Wards Act seeking custody of the minor sons. The said application was also filed in the