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1993 Supreme(MP) 319

R.C.LAHOTI
Jayant Babar – Appellant
Versus
Deepa Babar – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Y.K. Bharadwaj, Advocate
For Respondents/Defendant:Mr. R.S. Sikarwar, Advocate

ORDER

R.C. Lahoti, J.

1. This is an appeal under Section 47 of the Guardians & Wards Act, 1890 directed against an order of the trial Court made under Section 25 of the Act in the matter of custody of the ward.

2. It is painful to notice the pathetic story of the litigation which is common in every matrimonial cause arising out of a broken marriage specially when the parties have offspring too, a child of tender age, as is in the case in hand.

3. A detailed and exhaustive order passed by the trial Court, taking into consideration every piece of oral and documentary evidence available on record of the case, and touching every relevant aspect and circumstance garmane to the case, consistently with the statutory provisions and principles laid down in decided cases, has rendered the task of this Court easier.

4. First the bare facts. The husband and wife are arrayed as appellant and opponent in the cause title. Jayant Babar, the appellant, and Deepa, the respondent were married at Gwalior on 14-12-1984. The union must have been very happy to commence with. Eaxctly nine months of the date of the marriage, the couple was blessed with a son, named Ritu Raj. The name and the naming ceremony mus




































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