GORDHAN LAL Vs. NANDIBAI

JUDGEMENT

(1.) This appeal under section 47 of the Guardian and Wards Act, 1890 (for short 'the Act') is directed against the order dated 24-10-86 passed by the Civil Judge, Class I, Ratlam rejecting the petitioner's application under section 39(c) ibid.

(2.) Circumstances giving rise to this appeal are these. The respondent is the appellant's wife, Rakesh aged 3 years is their son. He is with the appellant.

(3.) The respondent has filed an application under section 25 of the Act for the custody of Rakesh. Alongwith the aforesaid application, she also moved an application under Sec. 151 Civil Procedure Code for the interim custody of the said minor. The appellant opposed the application, but by its order dated 19-10-85 the learned lower Court has ordered that the custody of the child be handed over to the respondent.