MT. RAM KUNWAR Vs. OCHHA DHANPAL
HIGH COURT OF MADHYA PRADESH
Mt. Ram Kunwar
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Abdual Hakim Khan, J. -
(1.)THIS appeal arises out of proceedings taken under S. 44, Guardians & Wards Act, Gwalior of St. 1970 in the Ct. Sessions Judge Morena in Civ. Misc. Case No. 14 of 2004.
(2.)THE rasp applt., Ochha, submitted an appln. alleging that the two minor girls, Santo aged 8 years & Basanti aged 6 years, were the daughters of Angad, who was dead. Their mother, Mt. Ram Kunwari had remarried & was wasting the minor's property. He says that he is a cousin of Angad & that he should be appointed guardian of the persona & property of the minors. In the course of the proceedings, the resp. gave another appln. dated 29 -11 -48 saying that on 5 -11 -48, the mother had sold a house belonging to the minors & this was proof enough that she was committing waste of the minor's property. After an enquiry the Ct. accepted the petn. & made the reap., the guardian as desired. The mother of the girls, Mt. Ram Kunwari has now preferred this appeal.
It is on three grounds that the Ct. has (held that the mother has forfeited her right to the guardianship of her minor girls. (1) Thatshe has remarried. (2) That her remarriage will result in the excommunication of her minor children. (3) That she has sold minor's property. I propose to examine all the three grounds one by one.
(3.)THE first question to be decided is whether by remarriage a mother forfeits her rights of guardianship of her children.
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