A.S.GODARA, J. - (1.) THIS Civil Revision Petition has been filed under Section 115, C.P.C. against the order dated 12.8.1997 passed by the learned Addl. District judge No. 2, Bikaner in Civil Misc. Case No. 54/97 thereby allowing application for interim custody of Hindu minor son Mahesh to his mother -non -petitioner.
(2.) BRIEFLY stated, the facts giving rise to the petition are as follows: Applicant -non -petitioner filed an application under Section 25 of the Guardians and Wards Act, 1890 (for short the Act of 1890) along with another Section 12(1) of the same in the court of District Judge, Bikaner who, in turn, transferred the same to the court of Addl. District Judge, Bikaner for disposal. The applicant's case is that, admittedly, she is mother of her minor son Mahesh who was born on 1.11.1993 after his legal marriage with Lekh Ram on 5.5.1990 at Bikaner. Lekh Ram suffered from cancerous diseased and he expired on 28.4.1996. The petitioners, who are non -applicants in the main application, are great -uncle great -aunt and grand mother of late Lekh Ram. Lekh Ram, after his marriage with the applicant, lived with his brother Poonam Chand and his wife Smt. Sita Devi (petitioners) in the same house. After death of Lekh Ram, for about six months, the applicant along with her minor son lived jointly with the family of petitioner Pooam Chand. On 3.11.1996, the applicant was driven out of the house by Poonam Chand and, at the same time, she was deprived of the custody of her minor son Mahesh who was kept in their custody by Poonam Chand and his wife as well as Smt. Mohini Devi who is mother of Poonam Chand. Therefore, the applicant's further case is that she is the real mother of Hindu minor child Mahesh and she is also the natural guardian of her son and since she has not contacted second marriage and has been forced to live along with her parents but she has been illegally deprived of custody of her minor son. Smt. Mohini Devi is aged about 65 to 70 years and being an old and infirm lady, she also suffers from the ailment of High Blood -pressure while Poonam Chand is a drunkard and often remained out of his house at the site of his work and returns home late in the night. Poonam Chand and his wife Smt. Sita Devi are already having three daughters and two sons and so they have their own five minor children to bring up and caress. As a result, Mahesh remained almost neglected and uncared for who wonders in the streets and is also not properly fed and his welfare is completely neglected.
(3.) ON 3.11.1996, when the applicant along with brothers and father went to the house of the Petitioners to see Mahesh, she was not allowed to see her son and hence she has prayed for restoration of custody of her minor child Mahesh and, during the pendency of the application, she also prayed for interim custody of her child.;