RAM SINGH Vs. LILA DEVI

JUDGEMENT

(1.) Smt. Lila Devi, the respondent (mother of the minor child) filed an application under Section 25 of the Guardian and Wards Act, 1890 (hereinaftar referred to as the Act), in the Court of the Senior Subordinate Judge, Mandi, (exercising the power of District Judge, under the Act) praying for the restoration to her of the coustody of the minor child, who was and is in the custody of the father, the appellant. The allegations in her application are that she is a divorced wife of the appellant. Pinki a daughter of the parties born during the wed-lock was more then three years old on the date of the filing of the said application. She is more than five years old now at the time of the hearing of this appeal According to the applicant the child was removed by the appellant, father, from her custody. She further alleged that the child was likely to die on account of the cruel attitude of the father. She, therefore, prayed that the custody of the child be restored to her.

(2.) The appellant opposed the application on various grounds. The following two preliminary issues were raised :

(3.) Although, the respondent, mother, has been served in this appeal and is represented by a counsel, her counsel states that he has received no instructions from her.