RAMA AND ORS. Vs. SHARADHA

JUDGEMENT

(1.) The petitioners, who claim to be the grand-mother, uncles and aunts of the minor children, are before this Court, challenging the order dated 26th October 2010, made in Guardians and Wards Case No.1 of 2010 on the file of the Senior Civil Judge at Honavar, rejecting the application filed by them under Section 9 of the Guardians and Wards Act, 1890 ( 8 of 1890), ( Herein after referred to as "the G&W Act", for short).

(2.) The respondent, who is the mother of the minor children has filed a petition under Section 7 of the G&W Act, before the Senior Civil Judge, Honavar, in G&W Case No.1/2010, contending that she is the wife of one late Nandakumar Vittal Tandel. Petitioner No.1 herein is the mother of her husband i.e., her mother-in-law and petitioner Nos.2 to 7 herein are the brothers and sisters of the deceased husband of the respondent. The marriage of the respondent and the said Nandakumar Vittal Tandel was solemnised on 27.04.2001 at Goa Mardola, Mahalasa Narayani Temple, as per the Hindu rites and customs. Out of the wedlock, two male children were born to them. The eldest son-Kalpesh was born on 29.06.2003 and the 2nd son-Mayuresh was born on 11.10.2004. The marital life of the respondent with her husband was very smooth and happy till the death of her husband. The respondent and petitioners 1 to 6 were living separately in the same apartment, which was obtained on lease by the respondent's husband himself. Unfortunately, the husband of the respondent died on 01.07.2008 due to cardiac failure. After the death of her husband, the petitioners started torturing the respondent and the petitioners forcibly took the signature of the respondent on some blank papers as well as blank bond papers by putting her under threat of life. The petitioners together started to give mental and physical torture to the respondent and they were planning to murder the respondent. Fortunately, the respondent with great difficulty escaped from that place and reached to her parental house safely. But, at that time, she could not take her children along with her; they have been kept separately in a locked room by the petitioners.

(3.) When she reached her parental house, she lodged a complaint against the petitioners as well as against all family members of the petitioners in Manki Police Station and the police registered a First Information Report against the petitioners and transferred the same to Bombay Wadala Police Station for further investigation and the same is still pending for consideration. It is also contended that when the news reached to petitioners, they jointly kept the children of the respondent forcibly with them and they did not allow the children to go along with the respondent and they never gave a chance to the respondent to look her children at once. The respondent is the mother and natural guardian of her minor children and she is ordinarily residing at the address mentioned above (in the cause-title), with her brother in the parental house. The brothers of the respondent also have love and affection towards their son-in-laws. The respondent does not have any adverse interest against the minors, and nobody is appointed as the guardians of the minors by any Court, till today. She also contended that till date, no other application has been made by her or anybody else, for the appointment of guardian of her minor children.