MADHU BALA Vs. ARUN KHANNA

JUDGEMENT

(1.) This is an appeal filed by the mother, against an order passed by Shri Subhash Vason, Guardian Judge, Delhi, D/- 5-8-1983 in Guardianship Case No. 2o of 1981

(2.) The facts giving rise to this appeal are. that a petition was filed by Arun Khanna under S. 25 of the Guardians and Wards Act. by which he sought the custody of Master Manoj Khanna. his son.

(3.) In the petition under Section 25 of the Guardians and Wards Act, it was stated that Manoj Khanna was 3 years of age, that "he was born out of the wedlock" The expression "out of the wedlock", occurs persistently in the pleadings which are filed in District Court at Delhi. It is not at all realised that the "wedlock" in English language means "state of matrimony", thus "out of the wedlock" necessarily means out of the state of matrimony. Making such assertions in the petition would automatically make the child born to the parties during the subsistence of invalid marriage, an illegitimate one. It is about the time that the pleadings were drafted with care and caution.