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1986 Supreme(MP) 55

T.N.SINGH, K.M.AGARWAL
POTA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
B.D.BARAIYA, J.S.L.SINHA, J.S.SHUKLA, SWAMISHARAN

T. N. SINGH, J.

( 1 ) NEARLY five months ago the curtain was raised in an eerie episode. On several dates, thereafter, variegated scenes came to be enacted in this court. Today the curtain must drop as the last scene of the drama, happily, was enacted by counsel and parties to bring the matter to a neat end. Before we proceed to the core of controversy we would like to record at the outset our thanks to the local Ramkrishna Ashram and place on record our appreciation of the assistance and co-operation which we received from Swami Vimuktanandji of the said Ashram.

( 2 ) THE tussle is for the custody of the sweet child, who came before us on different dates, called by the petitioner Rekha, while the child herself has repeatedly given her name as Lata. We had occasions numerous to hear her alone and talk to her and also hear her and watch her in the presence of the counsel and the two contenders. She is definitely an intelligent child and we are definitely bound not to ignore her preference in this matter. She is aged about six years now and quite intelligent by any standard to express her mind and also about matters which relate generally to her welfare. Whatever that be, Pota, the p













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