AIR 1973 SUPREME COURT 2090 ::1973 (1) SCC 840 ::1973 3 SCR 918 ::1974 2 SCJ 129

Supreme Court Of India

(From Madras : (1972) 2 Mad LJ 520)

Hon'ble Judge(s): A. Alagiriswami, I. D. Dua, C. A. Vaidialingam , JJJ

(A) Constitution of India , Art.136— Revocation of special leave already granted under Art. 136, when open. Brief Note: - (A) The special leave granted by Supreme Court to a party will be revoked if the misrepresentation of facts is deliberate and on a point having such relevance to the question of special leave that if true facts were known it would have in all opportunity declined special leave. Nature of Supreme Court's power under Article 136, explained.(Para 9) (B) Guardians and Wards Act (8 of 1890) , S.25— Judicial separation between husband and wife - Hsuband's right to apply for custody of children - Welfare of children - Duty of Court. Divorce Act (4 of 1869) , S.41— Brief Note: - (B) Fact that the Court while passing decree for judicial separation in favour of wife against husband has also passed order under Sec. 41 of Divorce Act in respect of custody of two of his children in favour of wife will not by itself deprive the husband to apply the Court under Sec. 25 of Guardians and Wards Act for the custody of his son if he is more than 16 years of age and that of his daughter if she is more than 13 years of age. (Scope of S. 25, explained.) But whether under one Act or the other the controlling consideration governing....