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1951 Supreme(All) 160

MOOTHAM, SAPRU
RAM SARUP – Appellant
Versus
CHIMMAN LAL – Respondent


Advocates Appeared:
Gyanendra Kumar

SAPRU, J.

( 1 ) THIS is a reference by the learned District Judge of Moradabad under Section 14, Guardians and Wards Act (VIII [8] of 1890) for such orders as this Court may be pleased to pass. The facts which have given rise to it may be stated shortly.

( 2 ) THE dispute in this case is regarding the guardianship of three minor children, two of whom are girls and one a boy. The girls, Bimla Devi and Kapur Devi are, according to the learned judge, about eleven years and sis years, respectively and the boy Ramkumar, is aged 3 1/2 to four years. Their father is one Ram Sarup who ordinarily resides in Chandausi and their mother is Smt. Dhunia. There is no question in this case regarding any property of the minors. The father and the mother of the children have quarrelled and the mother has left her husbands place. She is at present residing at Hathras and the children are admittedly living with her. She appears to have taken them with her. She left her husbands house some months before the father presented an application for his appointment as guardian of his minor children to the Court of the District judge, Moradabad. The father, Ram Sarup, was the first to file the application on 8









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