HIGH COURT OF HIMACHAL PRADESH
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C.B. Capoor, J.C. -
(1.) This appeal is directed against an order of the learned Senior Sub-Judge Mahasu, whereby a petition filed under Section 25 of the Guardians and Wards Act, was dismissed on the ground that it was not maintainable.
(2.) The petitioner was married to the respondent. About 13 months prior to the filing of the petition the respondent left the house of the petitioner and subsequently a male child, for securing whose custody, the present petition has been filed, was born at the house of the respondent's parents. The marriage between the parties has been declared to be null and void) as a result of a petition filed by the respondent. The learned Senior Sub Judge, was of the opinion that as the child for securing whose custody the petition under consideration was filed was not removed from the custody of the petitioner, it was not maintainable.
(3.) The only question that arises for decision is as to whether the petition was maintainable. Sub-section (1) of Section 25 of the Guardians and Wards Act reads as below:
"(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of the guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.";
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