DR. (MRS.) MANGLESH ANEJA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The petitioner mother who is a qualified M.B.B.S. doctor and respondent No. 2 father who was employed in the Army were married in November, 1976. After their marriage they lived together at various places of posting of respondent No. 2. Two children were born out of this wedlock. Arjun, the elder son who is now aged about 9 years was born on 8th June, 1979 and the younger son Arun who is now aged about 8 years was born on 19th July, 1980.

(2.) The petitioner filed a petition under Sec. 10 of the Guardian and Wards (Act (hereinafter referred to as the Act) in the court of District Judge, Delhi on 25th Nov., 1985 and also filed an application under Sec. 12 of the Act for obtaining interim custody of the said two minor sons. During the pendency of the application for interim custody, an interim arrangement was ordered by the court and the petitioner was permitted to take the minor sons to her house on each Friday at 4 p.m. and return them back to respondent No. 2 on Saturday between 1.30 to 2 p.m. By order dated 4th May, 1987 the Guardian Judge dismissed the application for interim custody filed by the petitioner. This order of the Guardian Judge has been challenged by the petitioner in this revision petition under Sec. 115 of the Civil Procedure Code.

(3.) It is the case of the petitioner that the petitioner had to leave the matrimonial home because of the harassment and cruel treatment by respondent No. 2 husband. Since the petitioner did not have any relation in Delhi with whom she could have stayed she had to go to Dehradum to live with her sister.