OM PARKASH Vs. PUSHPA

JUDGEMENT

(1.) On 30th October, 1969 one Om Parkash made an application to the guardian judge for the custody of his minor son Vijay Kumar under S. 25 of the Guradian and Wards Act. Vijay Kumar was living with his mother Smt. Pushpa. Om Prakash and Smt. Pushpa were married several years ago and this male child was born to them on 2nd of April, 1964 It appears that later on their relations were unhappy and they drifted apart. Om Prakash made this application for the custody of his minor son.

(2.) In the proceedings under S. 25 the mother could not be served with summons in the ordinary manner. The Court ordered substituted service under 0. 5 r. 20, C. P. C. There was publication in the newspaper. Even then the mother did not appear to contest the proceedings. On 4th of April, I960, the guardian judge passed an ex parte order directing that the custody of Vijay Kumar be handed over to his father Om Prakash.

(3.) On 16th September, 1970, Om Prakash made an application under S. 100 of the Code of Criminal Procedure. He wanted that the child be handed over to him and a warrant be issued for this purpose. The warrant was issued. On 28th September, 1970, the warrant was executed and the child Vijay Kumar was found with his mother. He was handed over to Om Prakash in execution of this warrant.