PAWAN VERMA Vs. RAJENDRA SARAN

JUDGEMENT

(1.) THIS revision petition is directed against the orders, dated 7-7-1995 and 18-7-1995, passed by the IIIrd Additional Judge to the Court of the District Judge, Bhopal in M. J. C. No. 47/1995. The Court below has held that Yamini Verma is a necessary party in the aforesaid case.

(2.) THE relevant facts, that give rise to this petition, are hereinafter stated in short. The petitioner filed a petition for the custody of the female child named as Priyanka P. Verma, renamed as Mallika Verma, against the respondents. This petition was filed in the Court below, under section 25 of the Indian Guardian and Wards Act, 1890 (hereinafter 'the Act' ). In this petition, it was alleged that the petitioner got married with Yamini Verma at New Delhi on 27th June 1990 in accordance with Hindu rites and customs. As a consequence of that marriage, the child, named above, was born on 23 July, 1993. The petitioner claimed to be the father of the female child. Yamini Verma was admitted to be her mother.

(3.) IT was alleged that the couple moved to U. S. A. after marriage. However, the petitioner was compelled to file a petition for divorce in Circuit Court for the Country of Oakland, State of Michigan, U. S. A. The Court granted divorce by consent on 3 January, 1994. It was further alleged that the aforesaid judgment by consent ordered that the legal and physical custody of Priyanka Verma born, 23 July, 1993 until the child attained the age of 18 years, or until further orders, shall remain with the petitioner.