Delhi District Court
Ranbir Singh vs State on 9 December, 2024
IN THE COURT OF SH. DEEPAK DABAS
DISTRICT JUDGE-1 (NORTH), ROHINI COURTS, DELHI.
GP-15/2024
CNR No. : DLNT010095632024
Sh. Ranbir Singh,
S/o Late Sh. Inder Singh,
R/o H. No. F-7A/191, 1st Floor,
Sector-16, Rohini, Delhi-110089.
..... Petitioner
Versus
1. The State
(Govt. of NCT of Delhi).
2. Smt. Shashi Bala,
W/o Sh. Ranbir Singh,
R/o H. No. F-7A/191, 1st Floor,
Sector-16, Rohini, Delhi-110089.
3. Smt. Geeta Devi,
W/o Late Sh. Vikram,
R/o H. No. 226/3, Gali No-3,
Ambedkar Nagar, Haiderpur,
Delhi-110088.
..... Respondent(s)
Date of institution : 11.07.2024
Date of Arguments : 09.12.2024
Date of Decision : 09.12.2024
_____________________________________________________________________________________
GP-15/24 Ranbir Singh Vs. State & Ors. Page 1 of 7
PETITION U/S 8 OF THE GUARDIANS & WARDS ACT, 1890, FOR
APPOINTMENT OF PETITIONER AS LEGAL GUARDIAN OF MINOR
SAURABH AS WELL AS HIS PROPERTY.
JUDGMENT
1. Petitioner has filed the present petition for his appointment as legal guardian in respect of person and property of minor Saurabh, male child aged about 06 years (born on 16.07.2018) for his welfare, better future and bringing up till the date of his attaining majority.
2. The material facts of the present case as stated in petition are that the petitioner is the real paternal grandfather (दादा) of minor Saurabh and he is under the care and custody of petitioner. Unfortunately, Sh. Pradeep Kumar i.e. father of minor had expired on 22.10.2020 and Smt. Anita i.e. mother of minor Saurabh had expired on 13.05.2024. Minor Saurabh was the sole child of Late Sh. Pradeep Kumar and Late Smt. Anita. It has been further averred that minor Saurabh is required to be represented through some guardian for all the transaction/dealings, legal, official and non-official in respect of day to day dealing. Petitioner is grandfather of minor and looking after the minor and his interest as well as safeguard his person and property. The petitioner has no adverse interest to that of minor. The petitioner is retired employee from Delhi Transport Corporation, Govt. of NCT of Delhi and capable of taking care of minor Saurabh's financial, psychological, emotional, educational and _____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 2 of 7 other needs.
3. Notice of this petition was served upon the respondents. Notice was also issued to general public vide publication in the Hindi daily newspaper, namely, 'Virat Vaibhav' dated 20.08.2024 as well as English daily newspaper, namely, 'The Statesman' dated 19.08.2024. Despite publication in the newspaper, no one has come forward to make any objection in respect of the prayer made by the petitioner in the present petition.
4. On 06.09.2024, respondent no-2/Shashi Bala and R-3/Geeta Devi had appeared before the court and had given their NOC qua present petition.
5. In order to prove his case, the petitioner himself entered in witness box as PW-1 and tendered his evidence by way of affidavit i.e. Ex.PW1/A, bearing his signatures at points A and B and he has also relied upon the following documents :-
i. Copy of Aadhar Card of petitioner i.e. Ex PW-1/1; ii. Copy of Aadhar Card of minor Saurabh i.e. Ex PW-1/2; iii. Copy of birth certificate of minor Saurabh i.e. Ex PW-1/3; iv. Copy of death certificate of Late Sh. Pradeep Kumar i.e. Ex PW-1/4; and v. Copy of death certificate of Late Smt. Anita i.e. Ex PW-1/5
6. I have gone through the record and have heard the arguments advanced by Ld. Counsel for petitioner. Section 7 of The Guardians & _____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 3 of 7 Wards Act, 1890 postulates as under :-
7. Power of the Court to make order as to guardianship.--
(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made--
(a) appointing a guardian of his person or property or both, or
(b) declaring a person to be such a guardian the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.
7. Section 8 of The Guardians & Wards Act, 1890 postulates as under :-
8. Persons entitled to apply for order.--An order shall not be made under the last foregoing section except on the application of--
(a) the person desirous of being, or claiming to be, the guardian of the minor; or
(b) any relative or friend of the minor; or
(c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property; or
(d) the Collector having authority with respect to the class to which the minor belongs.
8. Section 17 of The Guardians & Wards Act, 1890 postulates as under :-
_____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 4 of 7
17. Matters to be considered by the Court in appointing guardian.--
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the charac-
ter and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference. 3[***] (5) The Court shall not appoint or declare any person to be a guardian against his will.
9. Section 20 of The Guardians & Wards Act, 1890 postulates as under :-
20. Fiduciary relation of guardian to ward.--(1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this Act, he must not make any profit out of his office.
(2) The fiduciary relation of a guardian to his ward extends to and af- fects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor and generally all transactions be- tween them while the influence of the guardian still lasts or is recent.
10. Section 24 of The Guardians & Wards Act, 1890 postulates as under :-
24. Duties of guardian of the person.--A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires.
_____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 5 of 7
11. Section 27 of The Guardians & Wards Act, 1890 postulates as under :-
27. Duties of guardian of property.--A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it, if it were his own and subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the reali-
sation, protection or benefit of the property.
12. The petition discloses that the minor is residing under the care and custody of petitioner. The appointment of petitioner as guardian of minor seems a necessity and for an evident advantage to the minor. The minor is in his studying age and a guardian will be required at all the crucial stages. The minor child is under the care and custody of the petitioner, who is his paternal grandfather (दादा) and he is taking care/looking after the minor child after the death of his parents. The petitioner is willing to be legal guardian of the minor for his welfare and future. The petitioner wants appointment for the purpose of representing the minor at various stages of his studies and Govt. dealings including applying for passport, PAN Card etc. Petitioner does not want any remuneration. The petitioner is the real paternal grandfather (दादा) of the minor and there is no material to gather an inference that his interest could be in conflict with or adverse to that of the minor.
13. On 06.09.2024, respondent no-2/Shashi Bala and R-3/Geeta Devi had appeared before the court and had given their NOC qua present petition.
_____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 6 of 7
14. Relief:- In view of the above said facts and circumstances, the petition is allowed. The petitioner is appointed as guardian of minor Saurabh till he attains majority. The order is subject to the following conditions:-
i. The petitioner will be entitled to act as the guardian of the minor before any bank, institution or other authority etc. wherever there is requirement of the guardian.
ii. The petitioner shall not be allowed to any allowance.
iii. Special attention of the petitioner has been drawn to the provisions of section 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 & 45 of the Guardians & Wards Act 1980.
iv. On fulfillment of necessary conditions, the guardianship certificate as per Form F given in chapter 2 part D Volume 2 of the Delhi High Court Rules be issued.
15. Accordingly, the present petition stands allowed and disposed of. File be consigned to record Room after necessary compliance.
Digitally signed Announced in the open court DEEPAK by DEEPAK
DABAS
on 9th day of December 2024 DABAS 14:53:39
Date: 2024.12.09
+0530
(Deepak Dabas)
District Judge-01/North
Rohini Courts/Delhi
_____________________________________________________________________________________ GP-15/24 Ranbir Singh Vs. State & Ors. Page 7 of 7