HIGH COURT OF DELHI
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M.L.Jain, J. -
(1.)This is a revision against the order of the learned Guardian Judge dated 2-6-1983.
(2.)The parties were married on 6-6-1974. The husband had four brothers. Their father owned a house No. H-83, NDSC Part I, New Delhi. He also owned a building in Greater Kailash, which stands leased out to Hong Kong Restaurant. The house was sold, but the brothers were living in the same house as tenants. The husband Fateh Bahadur was living in the back portion of the ground floor which comprised only one room and some tin-sheds. One brother was living in the front portion and another was living in the second floor. One brother is in U.S.A. The couple had two children out of the wedlock, one daughter and one son. Both are of the ages of more than five years. The husband also owned some land which he sold and went to U.S.A. on 9-10-1981. It is alleged that he developed intimacy with some girl there in U.S.A. Before going to U.S.A., the husband gave a power of attorney on 24-9-1981 in favour of his wife to do all acts in connection with the management of the property in Greater Kailash, to collect and receive any money due to him from anybody and issue receipt thereof. The wife applied for a divorce on 16-4-1982 and obtained an ex parte decree of divorce on 17-5-1982. In September, 1982 she gave away the premises in her occupation to one Sudhir Gupta for the use of residence and commeial purposes on a lump-sum of Rs. 42,000.00 and a monthly rent of Rs. 350.00 , and executed a licence deed in favour of Sudhir Gupta and others. A shop of sarees is also run in the aforesaid premises with effect from 17-9-1982. Yet the wife claimed before me that she is still living in the same premises in one room along with her aunt. The husband claimed that she was living in some rented room in Defence Colony.
(3.)The wife left for Canada on 23-9-1982 and remained there till 4-12-1982. She had left the kids with her aged parents at Jullunder, where the is supposed to have put them in some school. The children were then handed over to the sister of the wife Smt. Raj Mohinder Kalia. When the husband returned to India on 4-1 1-1982, Raj Mohinder Kalia handed over the custody of the children to the husband.
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