UDAI PRATAP SINGH Vs. MRIDULA RAGHUVANSHI

JUDGEMENT

(1.) The aforesaid two appeals have been preferred against the common judgment dated 4.12.1996 passed in Regular Misc. Case No. 110/70/94, Km. Luxmi alias Meethu v. Estate, connected with Regular Misc. Case No. 251/70/95, Smt. Mridula Raghuvanshi v. Estate of minor Km. Luxmi by which the learned District Judge, Bahraich, has appointed Smt. Mridula Raghuvanshi as guardian of person and property of the minor Km. Luxmi and has rejected the application of Udai Pratap Singh moved on behalf of minor daughter Km. Luxmi for grant of succession certificate in respect of the securities left by her mother late Smt. Mamta Singh.

(2.) The brief facts of the dispute between the parties is that Udai Pratap Singh was married with late Smt. Mamta Singh in the year 1988 and Km. Luxmi was born out of their wedlock. Smt. Mridula Raghuvanshi is the real sister of Smt. Mamta Singh and the maternal aunt of Km. Luxmi. Late Smt. Mamta Singh was a teacher in Diksha Vidyalaya. Chhawni Bazar. Bahraich, Her sister Smt. Mridula Raghuvanshi was also a teacher in the same college and both were residing in the same house in Bahraich along with minor. Udai Pratap Singh is also Government teacher posted in district Pauri Garhwal. Smt. Mridula Raghuvanshi is issueless and is residing separately from her husband Sri Onkar Singh. After the death of Smt. Mamta Singh, Udai Pratap Singh as natural father of minor Km. Luxmi moved for succession certificate in respect of the securities left by the mother of Km. Luxmi and Smt. Mridula Raghuvanshi moved an application for being appointed herself as guardian and manager of the person and property of Km. Luxmi contending that since her birth Km. Luxmi had been living under her care and caress and she as well as minor have developed great affection for each other. She owns a residential house in Bahraich. Smt. Mamta Singh was residing with her prior to her marriage with Udai Pratap Singh and after the marriage and birth of a child, Smt. Mamta Singh, Mridula Raghuvanshi and Km. Luxmi were living in the same house in Bahraich. Smt. Krishna Devi, the mother of Smt. Mamta Singh and Mridula Raghuvanshi has also been residing with them in the same house and is also assisting her in the nursing of the minor child Km. Luxmi. Uda) Pratap Singh is aged about 38 years and is likely to re-marry and is greedy about the property left by his wife Smt. Mamta Singh. Km. Luxmi is studying in 'Barrows Blue Bells Montessori School, Bahraich'. With these allegations she prayed for appointment of herself as guardian. This application was opposed by Udai Pratap Singh, the natural father of Km. Luxmi. The aforesaid facts were not denied by Udai Pratap Singh. He has stated that Smt, Mridula Raghuvanshi was having three other sisters. Out of four sisters, two have died and they were women of independent thinking. Smt. Mridula Raghuvanshi is also not living with her husband and she had tortured her husband mentally and physically. The other sister Smt, Manjuli could not live with her husband and died. The fourth sister is also litigating with her husband. He alleged that Smt. Mridula Raghuvanshi is a greedy lady and she got her sister Smt. Mamta Singh separated from him and got a will executed by her in her favour on 2.9.1993. Therefore, Smt. Mridula Raghuvanshi does not deserve to be appointed as guardian of the minor Km. Luxmi. He prayed that the succession certificate be issued in his favour as guardian of Km. Luxmi.

(3.) The learned District Judge after taking into consideration the entire evidence on record has given weight to the welfare of the minor child and has held that even though Udai Pratap Singh was the natural father but the welfare of the child is a paramount consideration in appointment of the guardian and, therefore, he gave preference to Smt. Mridula Raghuvanshi, the maternal aunt of minor Km. Luxmi to be appointed as guardian of person and property of daughter Km. Luxmi and rejected the application for issuing succession certificate in favour of Udai Pratap Singh as guardian of the minor. Smt. Mridula Raghuvanshi has moved an application under Section 10 of the Guardians and Wards Act, 1890.