AYISHA Vs. NIL

JUDGEMENT

(1.) Mother - Smt.Naseema filed the present writ petition against the order dated 07.04.2018 passed dismissing the application filed under Section 29 of the Guardian and Wards Act, 1890 (for short, referred to as 'the Act') in G and W Case No.1/2017 on the file of the Principal Senior Civil Judge, Udupi,

(2.) It appears that earlier petitioner filed G and W Case No.23/2012 under Sections 7 to 10 and 27 to 29 of the Act to appoint her as guardian for the person and property of her minor children namely Ayisha, Fathima and Samayya, aged about 11, 8 and 5 years respectively and permit her to manage and look after and to sell the petition 'A' schedule immovable properties and to grant guardian certificate in her name for the said purpose. The Court below appointed the petitioner/Mrs.Naseema wife of late Yusuf Hyder as guardian of the person and Rs. property of her minor children till the expiry of three years after the said minors attain the age of majority and also directed the petitioner to execute a security bond for twice the amount or value of the petition 'A' schedule property within 30 days from the said order and that the bond shall not be cancelled till the expiry of three years after the said minors attaining the age of majority as per Sections 14(1) and 16 of the Act, reserving liberty to the petitioner to apply as and when required under Section 29 of the Act for sale of petition 'A' schedule immovable properties for the benefit of said minor children. It is thereafter the petitioner filed G and W Case No.1/2017 under Section 29 of the Act seeking permission to sell the schedule properties for the benefit of minor children namely Ayisha, Samayya and Fathima. The Court below considering the provisions of Sub-section (3) of Section 31 of the Act, by the impugned order dated 07.04.2018, dismissed the application as not maintainable. Hence, the present writ petition.

(3.) I have heard the learned counsel for the petitioners.