Himachal Pradesh Court December 1972 Judgments

Gokal Nath Vs. Smt. Krishna Devi

Court: Himachal Pradesh

Reported in: AIR1973HP79

R.S. Pathak, C.J. 1. This is an appeal by the father against the order of the learned District Judge dismissing his application under Section 25 of the Guardians and Wards Act for the custody of his minor children.2. The appellant Gokal Nath and the respondent Shrimati Krishna Devi were husband and wife. They have two children, a son Rajan who at the time of making the application was 10 years of age and a daughter Pinki who was then about 4 1/2 years of age. The application for custody of the children was made on February 15, 1967. It appears that after the marriage, relations between the husband and wife became strained and the wife left for her father's house, and ever since she has lived there. The husband obtained a decree for judicial separation on the ground of desertion, and this was followed after the statutory period of two years by a decree for divorce. The minors continued to live with their mother at the house of their maternal grandfather. During the pendency of title pro...