Delhi District Court
Pramod Kumar vs State on 29 October, 2013
In the Court of Pawan Kumar Matto : Additional District Judge03 (East) :
Karkardooma Courts : Delhi
G. No. 25/2011
Unique Case ID No.: 02402C0235692011
IN THE MATTER OF :
Pramod Kumar
s/o late Shri Mishri Lal
r/o E36A/254, Block 32 & 33
Ambedkar Camp,
Trilok Puri,
Delhi. ......Petitioner
Versus
1. State
2. Neelam
d/o late Shri Mishri lal
3. Ms Kiran Devi
d/o late Shri Mishri Lal
Both r/o E36A/254,
Block 32 & 33 Ambedkar Camp,
Trilok Puri, Delhi. ......Respondents
Date of Institution : 06.08.2011
Arguments heard on : 29.10.2013
Date of judgment : 29.10.2013
JUDGMENT
Petition for appointment of Guardian of the minor Under Section 7 r.w. G.no: 25/2011 Pramod Kumar v/s State and others 1 of 6 section 17 of The Guardian & Wards Act, 1890.
1. The petitioner has filed the present petition for the appointment of the guardian of Master Robin Singh and his property worth of which is Rs. 55,283.25/ paise, on the averments that the petitioner is the elder brother of Master Robin Singh s/o Late Shri Mishri Lal, who is aged about 14 years and the petitioner alongwith his younger brother and sisters is residing at E36A/254, Block 32 & 33 Ambedkar Camp, Trilok Puri, Delhi.
2. It is further stated that Smt Saranga Devi i.e. the mother of the petitioner and the minor master Robin Singh had died on 16.1.2009, whereas their father namely Shri Mishri Lal had died on 15.9.2009, leaving behind four children, including the petitioner, detailed as under: S.no. Name Age(Approx)
1. Neelam 22 years
2. Pramod Kumar(petitioner) 20 years
3. Kiran Devi 19 years
4. Robin Singh(minor) 12 years
3. It is further stated that besides the above named children, there is no other legal heirs of late Shri Mishri Lal and after the death of parents of the petitioner, there is no one to look after the petitioner and his brother and sisters. It is further stated that the father of the petitioner was employed in Northern Railways, Delhi, and he has died and monetary benefits can not be G.no: 25/2011 Pramod Kumar v/s State and others 2 of 6 released to the petitioner and his brothersisters without appointment of the guardian of his younger brother Robin Singh.
4. It is further stated that petitioner and his brother and sisters are in dire need of money, as the elder sister of the petitioner is of marriageable age and the petitioner has also to look after the education and upbringing of his younger brother. It is further stated that the petitioner being the elder and real brother of the minor child namely Robin Singh is competent person to be legally appointed as guardian of the minor to look after, proper upbringing and education of the minor, till the minor attains the age of majority.
5. It is further stated that the Divisional Personnel Officer , Northern Railway, New Delhi had filed the detail of the amount due against late Shri Mishri Lal and the minor child is entitled to ¼ of the total amount of Rs. 2,21,133, due towards post death benefits of his father and an amount of Rs. 55,283.25/ vests with the minor child and he is entitled to receive the said amount from Northern Railway, being the legal heir of late Shri Mishri Lal and prayed for appointment of the petitioner, as guardian of Shri Robin Singh and property worth of which is Rs. 55,283.25/, being his elder brother.
6. The notice of the petition was issued to the respondents. The respondent no.1 i.e. The State was duly served by way of publication of notice in the newspaper Veer Arjun in its edition dated 23.1.2012, but despite of its service, none had appeared on behalf of the respondent no.1, G.no: 25/2011 Pramod Kumar v/s State and others 3 of 6 so the respondent no.1 was proceeded exparte.
7. Whereas, the respondent no.2 and 3 had appeared in the court and given the statement that they have no objection, if the petitioner namely Shri Pramod Kumar is appointed, as guardian of the minor namely Master Robin Singh.
8. In order to prove his case, the petitioner has examined himself as PW2 and Shri Ramesh Kumar, Office Superintendent, Northern Railway, New Delhi as PW1, who has proved the summoned record regarding the details of payment due against the deceased Shri Mishri Lal issued by APO Bills Northern Railway, New Delhi vide Ex.PW1/2.
9. Whereas, the petitioner has examined himself as PW2 vide his affidavit Ex. P2/A1 and he has reiterated the contents of the petition therein. He has relied upon the photocopy of his voter identity card Ex.PW2/1, photocopy of death certificate of his mother namely Smt. Saranga Devi Ex.PW2/2, photocopy of death certificate of his father namely Sh. Mishri Lal Ex.PW2/3, original birth certificate of his minor brother Robin Singh Ex.PW2/4, photocopy of voter identity card of his elder sister namely Neelam Ex.P1, photocopy of voter identity card of her younger sister namely Kiran Nishad Ex.P2, photocopy of identity card of his late father Misri Lal, issued by Northern Railway, Delhi Division Ex.PW2/5 and photocopy of examination card of his younger brother namely Sh. Robin Ex.PW2/6.
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10. I have heard the Ld. Counsel for the petitioner and perused the record.
11. From the entire evidence on the file, it is proved that petitioner is the elder brother of the minor namely Robin Singh, who was born on dated 7.5.1999 and the mother of the parties had expired on 16.1.2009, whereas the father of the parties had expired on 15.9.2009 and the petitioner is looking after his younger brother namely master Robin Singh and sisters and after the death of the father of the parties to the present petition, the minor master Robin Singh is entitled to the ¼ share of the total amount of Rs. 2,21,133/ due towards the postdeath benefit of his father.
12. It is pertinent to mention here that the parents of the parties had expired and the petitioner is a competent person to be legally appointed as guardian of the minor child Robin Singh. From the testimony of PW1 it is proved that the father of the parties to the present petition was serving with the Northern Railway and at the time of his death, he was having an amount of Rs. 63,007/ as PF amount, Rs. 21,575/ as Insurance, and Rs. 1,36,551 as DCRG.
13. The petitioner who is the elder brother of master Robin Singh is the fit person to protect and watch the interests of his younger brother. There is nothing on the record to draw such inferences that the interests of petitioner are contrary to the interest of his younger brother i.e. master Robin Singh. The testimonies of the petitioner and his other witness have gone unrebutted, uncontroverted and unimpeached and I have no ground to G.no: 25/2011 Pramod Kumar v/s State and others 5 of 6 disbelieve the same, so the same are relied upon.
14. Hence, in view of the above discussion the petition stands allowed. Sh. Pramod Kumar s/o late Shri Mishri Lal r/o E36A/254, Block 32 & 33 Ambedkar Camp, Trilok Puri, Delhi, is appointed as a guardian of master Robin Singh who is aged about 14 years, for educational purpose as well as of the property of the minor, worth of which is Rs.55,283.25/ i.e. ¼ share of the total amount of Rs.2,21,133/, due against late Shri Mishri Lal i.e. the father of the parties to the present petition. Guardianship certificate is ordered to be issued. Shri Pramod Kumar is directed to not do any act, which may be proved to be contrary to the interest of master Robin Singh.
15. The Guardianship Certificate cannot be used for any other purpose, except as mentioned herein above. File be consigned to record room.
Announced in the open court. (Pawan Kumar Matto)
On:29.10.2013 Additional District Judge03,
(East), KKD Courts, Delhi.
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