Musammat Sudhia v. Makka

Musammat Sudhia v. Makka

(High Court Of Judicature At Allahabad)

| 28-11-1919

1. This is an appeal from an order passed by the Court below appointing the grandfather of the minor to be guardian in spite of the objection made by the appellant, who is the minors mother. The minor is now said to be 9 or 10 years of age. The parties are Mahammadans. The property of the family consists of two buffaloes in which the mother and the other children also have shares. In the course of the proceedings the respondent, the applicant for the guardianship, stated that he did not wish to handle the property and that it might be left with the mother. The sole" ground upon which he applied to be made guardian of this minor was that the mothers brother was denying his right to be guardian. The object, therefore, of his application is not the welfare of the minor but the vindication of his own rights to be a guardian. The minors father died six years ago. The minor arrived at the age of seven years some three years ago. It is an admitted fact that the mother has always taken care of her children. The respondent Makka, the grandfather, has not taken any steps to benefit the minor all these years. Admittedly there are two religious factions in this caste : the mother belongs to one, while the respondent belongs to the other. It appears to us that this is probably the cause of the application. We cannot see that it is for the benefit and welfare of the minor that a child of his years should be taken from his mother against whose character no allegations whatsoever have been made. The circumstances are such that in our opinion there is no necessity whatsoever to appoint any guardian. The mother is quite capable of looking after her own children. We, therefore, think that the order of the Court below is not based on good grounds. We allow the appeal and set aside the order of the Court below. There is no necessity whatsoever in the present ease for the appointment of any guardian. The appellant will have her costs from the respondent in both Courts.

Advocate List
Bench
  • HON'BLE JUSTICE TUDBALL, J
  • HON'BLE JUSTICE RYVES, J
Eq Citations
  • 54 IND. CAS. 418
  • AIR 1919 ALL 49 (2)
  • LQ/AllHC/1919/248
Head Note

Guardians and Wards Act, 1890 — Ss. 17 and 25 — Guardianship of minor — Who is fit to be guardian — Objection to appointment of guardian — When proper — Minor's father died six years ago — Minor arrived at age of seven years some three years ago — Mother had always taken care of her children — There were two religious factions in this caste : mother belonged to one, while respondent belonged to the other — Held, there is no necessity whatsoever to appoint any guardian — Mother is quite capable of looking after her own children — Appellant will have her costs from respondent in both Courts