SNEHLATA MATHUR Vs. MAHENDRA NARAIN

JUDGEMENT

(1.) This is a D. B. Special Appeal by Snehlata from the order, dated November 29, 1978, made by Kasliwal J. in Misc. Civil Appeal No. 104 of 1978, affirming the order, dated, March 30, 1978, made by the District Judge, Jaipur City in Guardianship Case No. 46 of 1976, allowing the application of Mahendra Narain under Section 10, Guardians and Wards Act, 1890 (for short, the Act of 1390) and consequently appointing Mahendra Narain as guardian of his minor daughter Mona, and directing the return of Mona to his custody.

(2.) The facts which are not in dispute may be shortly stated here. Mahendra Narain and Snehlata, the contesting parties, were married according to Hindu rites on January 19, 1971. Their relations became strained soon after the marriage. A female child, named Mona, was born in the wedlock on January 26, 1972. The husband obtained dissolution of the marriage by a decree of divorce on March 9, 1978. Earlier in 1972, the wife had made an application under Section 552 of the Code of Criminal Procedure 1898 for restoration of the custody of Mona to her. The husband restored the child to her in the presence of the Magistrate concerned on June 22, 1972.

(3.) Mona resided with her mother till November, 1974 when the mother went to England for studies for the degree of M. R. C. P. Except for a short visit to India in March, 1976, the mother has throughout been residing in England from November, 1974 to day. She is expected to conclude her studies abroad and return to India in November, 1979. In the mother's absence from India, the child has been and is in the charge of the mother's parents at Jaipur all these years. She is studying in the M. G. D. School Jaipur.