PARMESHWAR SARUP Vs. MADHU

JUDGEMENT

(1.) BY the order dated 19.10.74 under appeal the District Judge, Jaipur City, deposed of two applications; one filed by Parmeshwar Sarup, father and other by Smt. Medhu mother of the minor girl Guddu alias Gyanwati, under the Guardians of Wards Act 1890. He dismissed the application of the father and appointed Smt. Madhu as the guardian of the girl in the interest of the minor.

(2.) SMT . Madhu submitted the application on 2.6.73 and it was registered as No. 93/73; where as the application of Parmeshwar Sarup was filed on 2.7.73 and registered as No. 87/73. Both these petitions were consolidated and tiled together. The admitted facts of the case are that the parties were married at Jaipur in November, 61. Out of this wedlock three Children were born. First son Surya Sarup was burn in 1963, second son Prakash Sarup was born in the year 1966 and the girl in question was born on 13.8.1968. Both the sons are living with the father, and there is no doubt with regard to their guardianship. For sometime the relationship between the parties were happy with the exception that there were some differences and they deserve no mention. The case of Parmeshwar Sarup is that Guddu alias Gyanwati was kidnapped from his house by the stricter of Smt Madhu with active connivance of their father Jagmohan Prasad Saxena. According to him Madhu had alrady left the house. He lodged the report in the police. The girl was produced in the Court of the Additional Munsif Magistrate First Class No. 3, Jaipur but she was handed over to the mother of the girl Smt. Madhu According to him Smt. Madhu is most unfaithful to her husband and she blindly follows her parents and this has created a wide gulf between the parties. He also alleged that Madhu has such ways of living which are disliked by him and the members of his family. He did not want the girl to remain in the company of the mother. He accordingly prayed that be should be declared and appointed as the guard an of the girl and the custody of the girl banded over to him. This petition was resisted by Smt. Madhu. Her allegations in the reply are substantially the same which she had stated in her application for the appointment of herself as the guardian of the minor girl. Her case is that she was a student of second year T.D.C. Science in Maharani College, Jaipur at the time of her marriage. She was not allowed to appear in the examination to prosecute her studies. She was teal treated at the time of her marriage and every time she was called bad names and they were equally used for her parents. Even at times she was beaten. The relations became all the more strained when Guddu was in her womb Her husband started suspecting her fidelity. She had reproduced some extracts from the two letters dated 29 -1 -68 and 17 -2 -68 addressed to her father. The second letter was also endorsed to her. The alleged remarks are set out below:

(3.) THE endorsement made for Madhu reads as follows: Copy forwarded to Madhu, d/o Shri Jagmohan Prasad Saxena for information and for arranging voluntary separation, so that her ambition of becoming a society girl and wanting a decent living for her may be fulfilled.