M.C.JAIN, J. - (1.) THIS Is an appeal under Section 47 of the Guardians and Wards Act against the order of the District Judge, Jodhpur, dated 30 -3 74 whereby the petition of the appellant under Section 25 of the Guardians and Wards Act for the Custody of four minor children was dismissed and the minor children were allowed to remain in the custody of their mother non -petitioner -respondent.
(2.) THE petitioner sought the custody of the minor children on the ground that the non -petitioner is not leading a chaste life and there would be evil influence on impressionable minds of the children. It was also stated that the petitioner would be in a better position to look after the welfare of the children so the children may be given to the custody of the petitioner. The petition was resisted by the non -petitioner in which the (allegation regarding leading adulterous life with Krishna Kant was denied and it was also denied that it would be in the interest of the children that they may live with the petitioner. The parties led evidence before the learned District Judge, but after hearing both the parties, the learned District Judge felt that it is in the welfare of the children that they may continue to live with their mother.
(3.) DURING the pendency of the appeal one of the children, namely, Kumari Vimla, presented herself in person and expressed her willingness to reside with her mother. It appears that she now become major. As such the application so far her custody is concerned, has become infructuous.;