Delhi District Court
Sh. Ranjeet Kumar Paswan vs State on 8 November, 2012
IN THE COURT OF SH. ANIL KUMAR, JSCCCUMASCJCUM
GUARDIAN JUDGE (WEST): DELHI
GP No. 58/11
Unique Case I.D. No. 02401C0366372011
Sh. Ranjeet Kumar Paswan
S/o Late Sh. Parmeshwar Paswan,
r/o 80/4th, Fire Station, THuts,
Kirti Nagar, New Delhi110015. .........Petitioner
Versus
1. State, through State Office of Director,
Through Delhi Development Authority (Horticulture)
Division No. VIII, B2, Janakpuri,
New Delhi110058.
2. Sh. Chander S/o Sh. Sehdev Paswan
3. Smt. Seema W/o Sh. Chander
Both r/o H.No. 655, ZBlock, Gali no. 11,
Prem Nagar, Nangloi, Delhi110086.
4. Sh.Jai Karan Paswan
S/o Sh. Sehdev Paswan
R/o 4/57, Amrit Kunj,
Hari Nagar, D.M.S. Colony,
New Delhi110086.
5. Sh. Sanjeet Kumar Paswan,
S/o Late Sh. Parmeshwar Paswan
R/o 80/4th Fire Station, THuts,
Kirti Nagar, New Delhi.
6. Sh. Birju Kumar Paswan
S/o Late Sh. Sukhdev Paswan,
81th Fire Station, THuts,
Kirti Nagar, New Delhi.
GP No. 58/11 Page No. 4/1
7. Sh. Rameshwar Paswan
S/o Late Sarjug Paswan
R/o Vill. Bangra, P.O.
Kuboli Ram, Distt. Samastipur,
Biahr. ........Respondents
Date of filing of the petition : 08.08.2011
Date of reserving judgment : 08.11.2012
Date of pronouncement of judgment : 08.11.2012
J U D G M E N T
1. The petitioner has filed the present petition under Section 7 of the Guardian and Wards Act, 1890 for appointment of guardain. The brief facts necessary for the disposal of the present petition are succinctly given here as under:
2. As per case of the petitioner, he is a lawabiding and peace loving citizen of India and is residing at the above said address. As per petitioner, the respondent no. 2 is maternal uncle, the respondent no. 3 is maternal Aunt (Mami), the respondent no.4 is maternal grandfather (Nana), the respondent no. 5 is the real brother, the respondent no. 6 is cousin and the respondent no. 7 is uncle (Tau) of the petitioner. As per petitioner, Sh. Parmeshwar Paswan, the father of the petitioner was working in Delhi Development Authority as Mali and expired on 26.09.2010 leaving behind him the following legal heirs:
(i). Ranjeet Kumar Paswan (Major) Son
(ii). Master Nikhil Kumar (Minor) Son
GP No. 58/11 Page No. 4/2
3. It is further case of the plaintiff that wife Smt. Manju Devi of Sh. Parmeshwar Paswan also expired on 17.02.2006. Master Nikhil Kumar is minor whose date of birth is 30.08.2003 and is in the custody and case of the petitioner being the real brother. It is further case of the petitioner that after the death of Sh. Parmeshwar Paswan, the petitioner is the real brother and natural guardian and next friend of the said minor Master Nikhil Kumar and the petitioner has no adverse interest against the said minor Master Nikhil Kumar.
4. It is further case of the petitioner that Sh. Rameshwar Paswan was working in Delhi Development Authority as Mali W/CMate, his file no. Pt. File No. 10(59)79/HortVIII and 33.3% of dues as per nomination are pending with the department for the said minor. As per case of the petitioner, he being the real brother of the said minor Mastger Nikhil Kumar is a fit person and also legally entitled to be appointed and declared as natural guardian of the said child.
5. After service of notice of the petition, the respondents appeared and respondent no. 2 to 7 have filed their no objections. Respondent no.1/DDA has also material contents of petition and has not objected specifically to petitioner to be appointed as guardian of minor.
6. I have heard Ld. Counsels for the parties and perused the material on record.
7. Petitioner is real brother of minor Master Nikhil Kumar. Their GP No. 58/11 Page No. 4/3 father stated to be expired on 26.09.2010 and mother expired on 17.02.2006. The respondent no. 2 to 7 as mentioned in the memo of parties are near relatives of the petitioner as well as minor, who have submitted their no objection to the present petition for grant of declaration in favour of the petitioner as guardian of minor Master Nikhil Kumar. It has been mentioned in the petition that father of minor Master Nikhil Kumar was employed with DDA as Mali and 33.3% of death benefits are still due as per nomination and same are still pending with DDA.
8. The petition is supported with affidavit of the petitioner. In view of the facts incorporated in the petition, I am satisfied that the petitioner has no adverse interest against the person of minor as well as property of minor. Hence, the present petition is allowed and the petitioner Sh. Ranjeet Kumar Paswan is appointed guardian of person and property of minor Master Nikhil Kumar.
9. File be consigned to Record Room.
Announced in the open Court today the 8th November, 2012.
(ANIL KUMAR) JSCCCumASCJCum GUARDIAN JUDGE (West) 08.11.2012 GP No. 58/11 Page No. 4/4