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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN,

AT JODHPUR

S. B. CIVIL MISC. APPEAL NO. 1652/2007

Murari Lal Sidana & Ano.

Versus

Smt. Anita.

S.B. Civil Misc. Appeal under Section 47 of

the Guardians and Wards Act 1890 against

the judgment and decree dated 20-04-

2007 passed by the Additional District

Judge No. 2, Sri Ganganagar, Camp

Suratgarh

JUDGMENT

Date of Judgment

:: September19^th ,2012

HON’BLE JUSTICE MR. R. S. CHAUHAN

Reportable

Mr. R. K. Singhal for the appellants.

Dr. P. S. Bhati for the respondent.

In this case the tug of war is over the custody of two

children, Nikhil, aged about thirteen and a half years and

Chandini @ Charvi, aged about twelve years. While the

Appellants, the grand-parents, who have brought up the

children almost ever since their birth, claim the right to their

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custody, the respondent--the mother--claims the right on the

basis of her motherhood. Since the appellant No. 1, the grand-

father has expired during the pendency of this appeal the

contest is now reduced to between the appellant No. 2, the

grand-mother, and the respondent-mother. (However, for the

sake of convenience the word