PRADIPKUMAR KARUNASHANKER JOSHI Vs. JASHWANTIBEN JAYASHANKER JOSHI

JUDGEMENT

(1.) Rule. Mr. Nanavati learned Advocate for he respondents waives the service of Rule.

(2.) This Revision is directed against the order dated 22/04/1991 of the learned Joint Dis- trict Judge staying the C.M.A. No. 91 of 1991 under Section 10 of the Code Civil Procedure 1908 The learned Joint District Judge also proposed to make the report of the guardianship application bearing No. C. M. A. No. 9 of the 1991 pending in the Court of the District Judge Jamnagar and the above guardianship application (CMA No. 91 of 1991) being heard and decided by one of the two courts.

(3.) The petitioners wire expired on 12-1-1991 leaving behind two children-Vishal son and Rikta daughter. It is the case of the petitioner that on account of the said demise of his wife the pe- titioner had taken the two children to Jamnagar where the respondents wore having their resi- dence. Respondent No. 1 is the petitioners mother- in -law respondent Nos. 2 3 6 and 7 are the petitioners brothers-in-law and respondent Nos. 4 and 5 are his sisters-in-law who after having assured to send back the children after some time did not do so despite the petitioners request letter. As ultimately the respondents refused to send back the children and threatened the petitioner of dire consequences the petitioner was compelled to file the above referred CMA No. 91 of 1991 in the District Court Rajkot. The petitioner also filed the application Exh. 6 for custody of the children during the pendency of the CMA. The petitioner based his case staling various facts touching the welfare of the minor children.