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2001 Supreme(Raj) 1161

SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Goverdhan Lal – Appellant
Versus
Gajendra Kumar – Respondent


Advocates Appeared:
Mr. Sanjay Mebrishi, for the Appellant

Judgment

Khem Chand Sharma, J.-Briefly narrated the facts of the case are that respondent Gajendra Kumar submitted an application under Section 25 read with Sections 10 and 12 of the Guardians and Wards Act (hereinafter to be referred to as “the Act”) stating therein that marriage of respondent was solemnized with Smt. Sushma Sharma D/o appellants Nos. 1 and 2. It is stated that out of this wedloock, two children, namely Virendra and Ashish were born. Smt. Sushma passed away on 12-3-1988 and at the time of her death, since there was none to lookafter minor Ashish aged only 3 months, the respondent, as per the application, left his son Ashish with appellants Nos. 1 to 3. The respondent further averred that appellant No. 3 had great affection for Ashish and as such, appellants Nos. 1 and 2 decided to marry Rama-Sharma, appellant No. 3 with respondent. Rama did not agree to this proposal and ultimately, the respondent married himself with one Seema. The respondent prayed that he being natural guardian, the custody of his minor son be ordered to be handed over to him.

2. Itis further stated that on 13-2-1992 when the respondent went to the appellants Nos. 1 to 3 and asked them to han



























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