S.D.ANAND, J. - (1.) THIS appeal calls into question the validity of order dated 1.2.2005 vide which a petition, preferred by the appellant for her appointment, was declined by the learned Trial Court.
(2.) THE appellant is concededly mother of minor children, namely Anuradha and Jyoti whom she had begotten from the loins of her husband Brij Mohan Yadav. The minor children are under the guardianship of Respondent No. 4-Geeta Devi who is mother of deceased Brij Mohan Yadav. Respondent Nos. 1 to 3 are relations of deceased Brij Mohan and respondent No. 4. The pure and simple plea raised by the appellant is that she is the natural guardian of minors and the future/interest of the minors lies in their being in her custody. The respondents contested the plea aforementioned by averring that the appellant having left the matrimonial house without having taken along her minor daughters cannot be heard to be a valid custodian of their interest, particularly when she has no means of sustenance and she cannot be thereby said to be capable of taking care of their future. The averment made by the appellant that respondent Nos. 1 to 3 are also trying to obtain the custody of the minor children was denied. Respondent Nos. 1 to 3 did concede that they are otherwise related to respondent No. 4 and the minor children.
(3.) THE trial proceeded on the following issues : 1. Whether the petitioner is entitled to be appointed as guardian of minor daughters namely Anuradha and Jyoti and also their custody ? OPA 2. Relief. ;