JAYANT BABAR Vs. DEEPA BABAR

JUDGEMENT

(1.) THIS is an appeal under Section 47 of the Guardians and Wards Act, 1890 directed against an order of the trial Court made under Section 25 of the Act in the matter of custody of the ward.

(2.) IT is painful to notice the pathetic story of the litigation which is common in every matrimonial cause arising out of a broken marriage specially when the parties have offspring too, a child of tender age, as is in the case in hand.

(3.) FIRST the bare facts. The husband and wife are arrayed as appellant and opponent in the cause title. Jayant Babar, the appellant, and Deepa, the respondent were married at Gwalior on 14 -12 -1984. The union must have been very happy to commence with. Eaxctly nine months of the date of the marriage, the couple was blessed with a son, named Ritu Raj. The name and the naming ceremony must have been a cruel salire on the fate of the young one. He shall have the shadow of one only of the parents available to him for the rest of his life, as this litigation reveals, though he is happily named as Rituraj.