Delhi District Court
Smt. Vidya Devi vs The State on 3 May, 2011
IN THE COURT OF SHRI RAJ KUMAR TRIPATHI:
GUARDIAN JUDGE, SAKET COURTS, NEW DELHI
G41/10
ID No. 02403C0173612010
Smt. Vidya Devi
W/o Late Shri Prem Singh
R/o K416, Dakshinpuri,
New Delhi.
Petitioner
Versus
1. The State
(NCT of Delhi)
2. Raj Singh
S/o Late Shri Ganga Ram
R/o H. No. 742, Patel Nagar,
Jind Junction, Near Q. No. 40 (Haryana)
Respondents
DATE OF INSTITUTION : 21.05.2010
DATE OF RESERVING JUDGMENT/ORDER : Not reserved.
DATE OF PRONOUNCEMENT : 03.05.2011
J U D G M E N T
1. This is a petition filed by petitioner on 21.05.2010 under Section 7, 8 and 25 of The Guardians & Wards Act, 1890 for the appointment / declaration of petitioner as guardian of the minor girls G41/10 Page No. 1 of 5 namely Riya and Jiya .
2. Brief facts of the case is that the soninlaw of petitioner Sh. Bhupender Pal Singh was working in Indian Railway and drawing monthly salary of Rs.12,326/. The petitioner is the grandmother (nani) of the minor children namely Riya, whose date of birth is 04.08.1998 studying in class VII and Jiya, whose date of birth is 11.01.2005 studying in class I. The daughter of petitioner Smt. Urvashi died on 12.02.2009 at AIIMS hospital, New Delhi and her soninlaw Sh. Bhupender Pal Singh died on 02.03.2010. It is stated that the husband of petitioner and grandmother (dadi) of the children have already expired and the grandfather (dada) of the children is suffering from paralysis and is bedridden. The minor children are residing with the petitioner since their birth and she has been taking care, maintaining and looking after them. There is no other legal heir of Sh. Bhupender Pal Singh i.e. soninlaw of petitioner except the petitioner and the minor girls and being the legal heirs, all the service benefits of deceased Bhupender Pal Singh is to be given to petitioner so that she is physically and financially capable to take care of minor children. The petitioner has already sufficient source of income, therefore, the pension of the deceased soninlaw Bhupender Pal Singh G41/10 Page No. 2 of 5 after declaration of guardianship, will be utilized properly only for the minor children.
3. The present petition is for the appointment and declaration of the petitioner as a guardian and for the custody of minor children Riya and Jiya. Notice of the petition was issued to respondent no. 2, who is the grandfather i.e. dada of the minor children. He did not turn up despite service of notice upon him. Therefore, he was proceeded against exparte vide order dated 30.03.2011.
4. Respondent no. 1 i.e. Government of NCT of Delhi, was served through publication in the newspaper 'Rashtriya Sahara' New Delhi edition dated 30.04.2011. None appeared on behalf of respondent no. 1 or any other relative of minor children to oppose the petition of the petitioner. Respondent no. 1 was proceeded exparte vide order dated 03.05.2011.
5. Thereafter, the matter was fixed for evidence of petitioner. Petitioner examined herself in order to prove her case. She filed her evidence by way of affidavit and tendered the same in evidence. In her affidavit the petitioner has reiterated and reaffirmed the same facts as has been stated in the petition. In the course of her deposition she proved the death certificate of Smt. Urvashi, deceased mother of minor G41/10 Page No. 3 of 5 children and Sh. Bhupender Pal Singh, deceased father of minor children, as Ex.PW1/A (Colly). The petitioner did not examine any other witness in support of her case, therefore, petitioner's evidence was closed.
6. I have heard and considered the submissions advanced by learned counsel for petitioner and gone through the entire material available on record carefully.
7. Both the minor children are reported to be residing with the petitioner since their birth. The mother and father of minor children have already expired, as is clear from the death certificate of Smt. Urvashi and Sh. Bhupender Pal Singh Ex.PW1/A (Colly). The grandmother (dadi) of the minor children is also reported to have expired. The respondent no. 2 i.e. the grandfather (dada) of the minor children is reported to be suffering from paralysis and disability of 80 per cent and he is unable to take care of himself. It has been submitted that except respondent no. 2, there is no other near relative who can take care of minor children. The petitioner states that she is in well position to provide various facilities for education and allround growth of the minor children. The petitioner is the grandmother (nani) of the minor children.
G41/10 Page No. 4 of 5
8. None appeared to oppose the petition of the petitioner despite publication in a national daily. The welfare of the minors is the paramount consideration for appointment of their guardian. There is reported to be no other near relative of the minor children except respondent no. 2, who is suffering from paralysis. I have gone through the relevant statutory provisions of The Guardians and Wards Act. The petitioner does not have any adverse interest to the interest of the minor children. The petition does not suffer from any embargo contained in The Act. The petitioner is capable to look after the welfare and interest of the minor children.
9. Keeping in view the aforesaid facts and circumstances into account, the petition of petitioner is allowed and petitioner is appointed / declared as guardian of the minor girls Riya and Jiya for looking after their welfare. Decree sheet be prepared. File be consigned to record room.
(Announced in Open Court (RAJ KUMAR TRIPATHI)
on 03.05.2011) Guardian Judge (South)
Saket Courts, New Delhi.
G41/10 Page No. 5 of 5