SATYA, W/O KHAZAN CHAND Vs. KHAZAN CHAND

JUDGEMENT

(1.) This appeal was fixed earlier on two occasions and every time it was adjourned to enable the counsel for the appellant to send for his client as well as the minor so that appropriate orders could be passed in this appeal for the welfare of the minor. Counsel for the appellant has today placed on record the registered A.D. envelope along with the letter sent by him to his client, which was returned to him with a note that no such person lives at the address mentioned on the registered cover. According to the counsel, this is the only address which was given by the appellant to him. The registered cover and the letter have been placed on the record.

(2.) The parties were married in the year 1962 and a male child was born out of the wedlock on 9th December, 1969, according to the birth certificate Exhibit A. 1. On 1st July, 1970 the wife is alleged to have withdrawn from the society of the husband on which a petition under section 9 of the Hindu Marriage Act, 1955 , was filed by the husband for restitution of conjugal rights, which was decreed in his favour. In spite of the decree, the wife did not join him; with the result that after the statutory period of separation subsequent to the decree of restitution of conjugal rights, the husband filed it petition for divorce which was allowed on 21st August, 1975, which was not appealed against by the wife.

(3.) Before the filing of the divorce petition, the husband filed a petition under section 25 of the Guardians and Wards Act, 1890, on 27th September, 1971. for the. custody of the minor son. He had stated that In was employed in the Ordnance Factory near Jullundur and his son could he admitted in School and could have medical facilities from the Military Hospital and had sufficient income to bring up the child whereas the wife was employed as a menial servant doing job of washing utensils etc. in different houses. The petition was opposed by the wife.