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1959 Supreme(All) 181

S.S.DHAVAN
CHANDRAPAL – Appellant
Versus
. MUNGIA – Respondent


Advocates Appeared:
R.P.SINGH, SHANTI BHUSHAN


S. S. DHAVAN, J.

( 1 ) THIS is an appeal against an order passed by the learned District Judge of Bijnor under Section 25 of the Guardians and Wards Act, 1890, directing that the custody of a girl called Bhagwati should be given to her sister Smt. Mungia, who is the respondent in this appeal. The appellant chandrapal claims to be the husband of the girl. Bhagwati is admittedly an orphan having lost both her parents in her early infancy. She was living with a woman called Ramo when she is alleged to have been married to Chandra Pal. There is a dispute about her age, the appellant Chandrapal alleging that she was born on 10-2-1941 and her sister saying that she was born on 10-3-1943. On 4-4-57 this sister, Smt. Mungia, made an application under Section 7 of the Guardians and Wards Act for being appointed as a guardian of the girl and also asked for custody of her property which was substantial in value. On 24-4-1957 she made another application for an injunction restraining smt. Ramo and her son Ram Swarup from marrying off the girl during the pendency of her application. The court issued an ex-parte order of injunction. On 6-5-1957 she applied for a direction to Smt. Ramo to produce



















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