DR SNEHLATA MATHUR Vs. MAHENDRA NARAIN

JUDGEMENT

(1.) In the present case Shri P. N. Datt has filed a caveat on behalf of the respondent. On 20th November, 1978, after hearing the case for sometime at the admission stage I suggested both the parties to make full arguments of the main appeal. Both the learned counsel agreed to argue the case in full. Thus the case was heard at length on 20th and 21st Nov., 1978.

(2.) This is an appeal under Section 47 of the Guardians and Wards Act, 1890, (hereinafter referred to as 'the Act, 1890), against the order of the learned District Judge, Jaipur City, dated 30th March, 1978, whereby an application filed by the respondent under Section 10 of the Act, 1890, has been allowed declaring him as guardian of the person of minor girl Mona till she attains majority.

(3.) Brief facts of the case are that the parties were married on 19th January, 1971. The appellant gave birth to a girl on 26th January, 1972. The relations between the parties soon after the marriage became strained. The appellant Snehlata who is doctor by profession and is at present living in United Kingdom for further studies left her husband's house and started living with her parents when the child was only five months old. When the respondent and his mother refused to send the newly born child, the appellant took the help of the court and moved an application in this regard in the court of Additional District Magistrate, Jaipur, on 19th June, 1972. The respondent handed over the custody of the child to the appellant before the court on 22nd June, 1972 and since then the child has been continuously living with her mother, the appellant, and in her absence with the appellant's parent. In November 1974, the appellant obtained study leave from the Government and proceeded to England for M. R. C. F. course and since then for the most part she is living in England and is still there for study on sanctioned leave. During the course of arguments it was informed that the appellant shall complete her studies in November, 1979. During the absence of the appellant she has left the child to the care of her father Shri Kiran Babu at Jaipur. It is not disputed that the girl Mona is at present receiving education, in M. G. D. School, which is one of the best institutions of the city and stood first in her class. The girl was also called by the learned District Judge and on questions being put to her on 3rd November, 1977, the following observations were recorded by the Court: ..(VERNACULAR MATTER OMMITED)..