V. R. NEWASKAR, J.

( 1 ) THIS appeal arises out of husband's application under Section 25 of the guardians and Wards Act for the recovery of the custody of his minor wife from her father, brother and others. The husband had also started proceedings for restitution of conjugal rights alleging marriage. In that proceeding the marriage itself was denied. The Court, on evidence, found that the marriage was proved and a decree for restitution of conjugal rights was passed. The decree was confirmed in appeal. ( 2 ) CONTENTIONS raised on behalf of the girl's father in the present proceedings were (1) that the girl Geeta was in fact not married to the applicant and consequently he had no right to her guardianship, (2) and that she was only 10 or 11 and consequently it was not in the welfare of the girl that she should be taken away from the custody of her parents and be made over to the husband. The Court below held that the girl was married to the applicant, the finding being based on the decision in the suit for restitution of conjugal rights. It was also found that the girl was nearly 17 or 18 and not 10 or 11. On the question of husband's right Io claim guardianship of his minor wife i

Click Here to Read the rest of this document