LILABAI Vs. CHANDULAL

JUDGEMENT

(1.) THE petitioner is the daughter of opponent No. 1 Chandulal and is alleged to be a minor about 15 years old. She left her father's custody or was removed from it, by the opponent No. 2 Harischandra.

(2.) ON 17 -7 -1956 Chandulal applied to the District Judge, Indore under Section 25 of the Guardian and Wards Act for custody of his minor daughter, the present petitioner. In the application, he alleged that the petitioner was born on 3 -8 -1942 and being a minor was living with him; that on 9 -6 -1956 the opponent Harischandra seduced her and took her away from his custody which is the custody of the natural guardian; that he had already filed criminal complaint against Harischandra in the Court of the First Class Magistrate, Mhow, for prosecuting him under Section 366, I.P.C. and these proceedings were pending in that Court.

(3.) ALONG with the petition under Section 25, Guardian and Wards Act Chandulal also filed a special application requesting the Court to Issue a search -warrant to arrest the minor and to secure her presence before the court for further orders in regard to her custody during the pendency of these proceedings.