VISHNU MINOR Vs. BHANUMATHY AMMA

JUDGEMENT

(1.) Question that has come up for consideration in this case is whether non compliance with S.10(3) of the Guardians and Wards Act would entail dismissal of the application.

(2.) Petition under S.10(3) of the Guardians and Wards Act was filed by the respondent herein, who is the grandmother of the first petitioner. Second petitioner is the father of the first petitioner. Respondent's daughter who was the mother of the first petitioner, is no more. Petition was filed before the Family Court on 13.7.1995. Second petitioner filed objections on 19.8.1998 after three years of filing of the O.P., stating that petition had to be rejected due to non compliance with S.10(3) of the Guardians and Wards Act. According to second petitioner, respondent did not file a declaration expressing her willingness to act as guardian of the first petitioner. Compliance with the provisions of S.10(3) is, according to second petitioner, mandatory and therefore, petition preferred by the respondent is liable to be dismissed.

(3.) Court below rejected the contention of the second petitioner stating that second petitioner had filed the objections after a period of three years. According to Court below, even at the time of counselling no such objection was raised by the second petitioner. Court below took the view that petition cannot be rejected on that ground alone. Aggrieved by the same, second petitioner, along with his child, has approached this Court.