MAM RAJ Vs. LADO DEVI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, I propose to dispose of the main appeal at this stage.

(2.) This appeal arises out of an order of the Guardian Judge dated 17.9.1988 whereby an application filed by the appellant claiming custody of Sarojni Devi minor daughter of Mam Raj was declined.

(3.) The marriage between Mam Raj and Lado Devi took place on 15.5.1973. Out of their wedlock Sarojni Devi was born on 28.1.1975. It was alleged that Lado Devi left the house of Mam Raj alongwith Sarojni Devi minor who was 2/3 months old at that time and started leading adulterous life. All efforts to persuade her to return to the matrimonial home have failed. An ex parte decree for judicial separation on the ground of Lado Devi's living in adultery was passed on 6.4.1979. It was claimed that earlier she was living in adultery with one Inda and now she started her illicit relations with one Ram Singh. Thus, interest of the minor was claimed vide application dated 12.2.1982.