MAMTA ALIAS ANJU Vs. ASHOK JAGANNATH BHARUKA

JUDGEMENT

(1.) Leave granted.

(2.) The question is whether the custody of the two daughters should be given to the appellant who is the mother or to the respondent who is the father. The parties were divorced by a decree of mutual divorce on 02/03/1998. At that time the ages of the daughters were eight-and-a-half years and five-and-a-half years respectively. Prior to the divorce decree being passed, the respondent had filed an application for being appointed as guardian of his two minor daughters. The application was allowed on 12-6-1998. The appellant was directed to hand over the custody of the two children to their father. The appellant's appeal before the High Court was rejected.

(3.) The sole ground on which the appeal was rejected was the satisfaction of the Court that the appellant had disqualified herself from getting the custody of the children because she was residing with a stranger "without any relation known to law ".