(1.) THIS appeal arises from the judgment and order passed by the learned Third Extra Assistant judge, Pune on 7th June, 1984 in Miscellaneous Civil Application No. 60 of 1984 partly allowing the appellant's application for custody of her minor daughter Chandrakala and rejecting the same for the custody of minor son Vaibhav.
(2.) THE relevant facts giving rise to the appeal are as under:
(3.) ON consideration of the evidence adduced before him, the learned trial Judge came to the conclusion that during the pendency of the application admittedly one child by name Jitendra died and that the custody of daughter Chandrakala who was three years old should be handed over to the appellant and the custody of son Vaibhav who was five years old should be handed over to the first respondent. He passed orders accordingly by the impugned judgement and order. Hence this appeal.