IN RE: MATHU AND ORS. Vs. STATE

JUDGEMENT

(1.) This petition is preferred against the order in O.P.(Guardian) No. 10/2014 of the Additional District Court, Thrissur. The appellants are petitioners in the above O.P. which was filed under Sections 7 and 8 of the Guardians and Wards Act for declaring the 2nd respondent as the guardian of the minor 5th appellant. The appellants contended that the plaint schedule property belongs to one Anandan, who died intestate on 31.5.2008. The 1st appellant is the mother of late Anandan, the 2nd appellant is the wife and appellants 3, 4 and 5 are the children.

(2.) The appellants' case is that after the death of the father, the 2nd appellant is looking after the minor son, who is a student. Now he is studying in Plus One and some amount is necessary for his educational expenses, food and shelter. Therefore, the appellants wish to sell the plaint schedule property and they are ready and willing to deposit the share of the minor in a Nationalised Bank. They have no adverse interest against that of the minor. Hence, they approached the District Court.

(3.) In the trial Court, the 2nd appellant filed proof affidavit and Exts.A1 to A6 were marked in evidence. After analysing the evidence, the lower Court dismissed the petition. Aggrieved by that, the appellants approached this Court with this appeal.